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Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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We own a business in Florida. We are extremely past due with

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We own a business in Florida. We are extremely past due with a vendor. He sent in a salesman to our business who bullied me into writing 3 checks for the past due balance. The owner of the company said he would hold them until they could be deposited. It has been over six months and I still don't have the funds available to cover these checks. The owner of the company is now threatening us saying that he is going to press criminal charges for bad checks. They have never been deposited, he is just holding them. I am losing sleep at night over this and he feels that we are just stringing him along. What are the legal implications of this and how should I respond to this?
Hello,

You can inform the vendor that it is a criminal offense to threaten a person with criminal action in order to obtain money.

Additionally post-dated checks cannot be prosecuted for the crime of passing a worthless check.

Post-dating a check indicates there are insufficient funds in the checking account at the time the check was presented. The vendor's remedy is a civil collection action.

I hope this helps you.
Customer: replied 7 years ago.
Thank you so much for the quick response and I will accept your answer. What do you mean by 'civil collection action'? A collection agency? And you are saying that we cannot go to prison for this? I am so paranoid and regret getting bullied into writing those checks. Your answer is putting my mind at ease, I appreciate it a lot.
Hello,

Thank you so much for the quick response and I will accept your answer.
Thank you.

What do you mean by 'civil collection action'? A collection agency?
The vendor may use a collection agency. The vendor may also file suit to collect the debt. The suit would be in civil court - not criminal.

And you are saying that we cannot go to prison for this?
That is exactly what I am saying. You did not commit a crime. You simply owe money.

I am so paranoid and regret getting bullied into writing those checks. Your answer is putting my mind at ease, I appreciate it a lot
.
My pleasure. Remember that the vendor is committing a crime by threatening criminal action against you. You can consider informing him of this without making a threat.

Best wishes for success. You ask for me if you need future assistance.
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