thank u for ur fast response no i have not been served papers or a citation does this have to be done first
i got a letter in the mail a couple of them letters it says check enforcement program this is not the da it is part of there office the letter head says jefferson county da susan happ is the da the check enforcement office told me that if i dont pay it this time it will go back to the da office
yes and at the time i talked to the bank they said they paid it,but i told the bank that it came back the bank said they reversed it as there were no funds but my bank paid it than they stoped it my statement shows that i can email u my statements
no i didnt contact the company i was told by check enforcement not to contact them they are handling it
i got a letter in the mail a couple of them letters it says check enforcement program this is not the da it is part of there office the letter head says jefferson county da susan happ is the da the check enforcement office told me that if i dont pay it this time it will go back to the da officeOK, assuming this is truly the DA's check enforcement unit (did you confirm that where you send the checks is actually in that building, for instance?) - it sounds like you are in a diversion type program, possibly for first offense check bouncers. Now, bouncing a check is only illegal (criminal) if it was done purposely - i.e. when you issued that check you knew there were insufficient funds and it would bounce or if you DID have $200 on that day you wrote the check, but then knowingly depleted the account elsewhere....I presume you didn't deliberate defraud that company like that, but that you did'nt know at the time of the check writing that it would not clear when deposited. The only bad thing I see it that it probably doesn't help that when you saw the reversal and realized the money never actually got to the company, you did nothing to make it right - to make sure you paid them as promised. That may tend to make a DA suspect that was the plan - to not pay - which could suggest an intentional bad check writing......
This all being said... at worst, if you don't pay it as they desire and indicate and they DO put it back in line for prosecution, they have to PROVE you guilty. It takes weeks, usually, to get charged officially and have a first court date, and then months, usually, to get to trial, where they must prove all elements of the charge against you (including intent). Then, if convicted, if this is a first offense with an otherwise clean record, this misdemeanor technically CAN give a jail term, but usually the jails are left for non-first -offenders and more violent types. You will, have a fine, which will certainly be greater than the amount now, and likely restitution.
It would be a thought, to pay the creditor/company, with money order! And keep the full proof of receipt, and try to pay the Division you are dealing with, but I suspect that it will still want the $300+; (the extra is likely to offset the costs the state/county are incurring due to having to prosecute this check issue) but, when they prosecute, if you CAN'T pay all they want and can only pay the creditor, then at least when trial time comes, you can make sure to testify (or have creditor, who will likely be a witness) that you did pay him back, and while it may appear to be self-serving, and only done when you got caught and pursued, they can't then make you pay restitution again, at least not that part. You could suggest that because the DA's office division was not willing to let you make, say, 3 payments, 1 each month, since you are not the type of person to ever have $300 spare, but you were able to scrape up $106, you sent it to the creditor so he was made more whole (and send it with an apology letter, perhaps). In that regard, the court could see some good faith, come time for prosecution/sentencing, etc.
Ideally, of course, if you think you would get convicted or don't want the stress of fighting it legally (as innocent), if you can BORROW the money, I'd do that. Credit card, any friends/family? Or, if not, consider putting IT ahead of other bills so you can pay it tomorrow, then consider picking up a little job, temporarily if needed, to make up the loss, so you can then pay your rent come Feb. At least you have a few weeks time then, since this is apparently "due" tomorrow.
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