Writing Bad Checks

[rockymiata]

What is the name of your state? CA

I wrote three checks for approximately $200 each at a grocery store. I did not have the money to cover them because other bills came up, like electricity, gas, etc. I let these bad checks go for over three months, and now the damages i have increased each bad check to approximately $600.00 - $800.00. Now, the law office insists that I pay the total of $2,300.00 altogether. The investigator from the law office insists that I pay the total, and that she will not take partial payments. She has given me two weeks to pay the total before she presents this case to the sheriff's department and said that at that point, the sheriff's office will give me a surrender letter. Is it possible for me to pay each check separately or do I have to pay the total because the checks were all written to the same grocery store? Please advise.

 

[empowerment]

First off, if you wrote the checks with the intent not to pay due to your other obligations then you wrote the check fraudulently. I called that floating checks. Writing a check for one thing and taking the money out before it clear for something else. Taking form Paul to pay peter. The law office can set the standard on how they want to proceed and can come after you for criminal charges as well. When you write a check not in good faith, then you become liable and you can be prosecuted to the fullest extent of the law this will include the amount of the check plus whatever your state will allow them to increase the amount by twice if not three time the amount of the original check.

200.00 x 3 = 600.00 x 3 checks or 3 offenses. =1,800.00 plus court cost sounds about right 2,300.00.

So, what can you do at this point? Speak with an attorney and see if he can work out a settlement for you.


Future advice...don't write check you have no intention to pay or if you cannot cover the check through your bank... it is not the right thing to do if you want to stay out of jail.

 

[djohnson]

They are under no obligation to work with you or take partial payments. I know here a partial payment means the courts won't file a warrant so no one allows it on worthless checks. They have a certain time period to give you to pay and that is all they are required to do. Even if you messed up your account you knew they were out there and should have been saving to pay them for the last three months. Your choices are either pay or have the warrants filed. What you have done is criminal.

 

[rockymiata]

It seems as if I'm going deeper and deeper in debt. I think my only alternative is to file for bankruptcy. If I file a chapter 7, will this bad check debt be dischargeable, and prevent criminal action from being taken? I have been contemplating bankruptcy for over a year, and I feel that this may be my only way out of this hole of bad decisions and judgment on my part. I easily have at least $50,000.00 of debt, with no house or major assets to show for it. Please advise.

 

[Ladynred]

If you had bounced the check by accident, the debt would be dischargable. Deliberately committing fraud, knowing the check would bounce, is fraud and debts incurred thru fraud are not dischargable. You could try to include it, but if the creditor objects by claiming fraud, you'd run into trouble.

 

[rockymiata]

Will filing ch. 7 at least give me a couple of weeks to come up with the money for this debt? I have until this Wednesday, 4/16 to call and tell the law office if I'll have the money by 4/18. At this point I'm desperate. I know that I put myself in this situation and regret that I did not take care of it much sooner.

 

[Ladynred]

Filing WILL put a stop to all collections, yes. The automatic stay goes into effect once you have that BK case number in hand.

 

[rockymiata]

Because of my time restraint to file ch.7, if I fail to include some of my creditors, will I be able to add them in? If so, how much time is allowed to add creditors from the time the paperwork is filed?

 

[Ladynred]

Yes, you can ammend your paperwork. Its better to make the amendments BEFORE your 341 meeting, but they can be amended any time before you discharge.

Pull your credit reports, all 3, so you don't miss any to start with.