If bad check is not reimbursed, call cops
What's the Law?
Legal Aid Society of Hawaii
Question: What does one do when a bad check is received? I deposited a check I received, only to discover the account has been closed. The person has moved. The bank can't do anything. What is my next step? Go to the police?
Answer: From Ryker Wada, consumer attorney: When someone receives a bad check, they should first attempt to contact the person who wrote the check and ask to be reimbursed. In many cases the deficiency is an oversight or mistake of someone with bad money management skills. If you still do not receive the money, consult with your bank and have them issue proof of the bad check. If you know where the person who wrote the check is, you can file an action to recover the money. Also, you should contact your local law enforcement agency, who can assist you in filing a complaint and possibly prosecuting the bad-check writer.
Q: Our neighbor has a tree towering about 70 feet; some of the branches overhang our roof. We cut off the low branches on our side, but the large, high branches need to be cut by a professional and our neighbor wants us to share the cost. Since the tree is on their property, isn't the responsibility and liability solely theirs?
A: From Nhi Tran, housing attorney: In Hawaii the owner of the tree trunk is the owner of the tree. It does not appear that you are complaining about having to trim the low branches. However, keep in mind that if any of the overhanging branches (both the low and high branches) constitute a nuisance, then your neighbor would be liable for the cost of trimming the branches. Overhanging branches or protruding roots constitute a nuisance only when they actually cause, or there is imminent danger of them causing, harm to property other than plant life -- in ways other than by casting shade or dropping leaves, flowers or fruit. If this is the case, your neighbor would be responsible for the cost of trimming these branches or, failing to do so, the cost of any damage to your property as a result of the overhanging branches.
Legal Aid Society of Hawaii operates statewide. Practice areas include housing, public benefits, consumer and family law but not criminal law. For information, call 536-4302. Submit questions by e-mail to
dawalla@lashaw.org or by U.S. mail to Legal Aid Q&A, 924 Bethel St., Honolulu, HI 96813.