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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2677
Experience:  Litigation Attorney
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I had been renting from a real estate company since

Customer Question

I had been renting from a real estate company since February. I feel behind in August due to a medical issue, and the company set up payment arrangements. During that time, the real estate company was bought out by another company with 2 different names. I never signed a new lease or anything. The owners advise me to keep making payments the same. Well I got sick again and things got a lot harder. I tried to send a 30 day notice and the landlord rejected it. So my landlord filed for eviction for Non Payment of Rent. I never received any demand letters before the filing. Just emails from one of the assistants asking when I was going to pay and the Summons.
We finally to small claims court on December 8, 2015. The landlord won the judgement and I moved out on December 15. I cleaned up, took pictures of the property, and then returned the keys same day. Now the landlords assistant sent a certified 15 day demand letter asking for rent plus payment of 2 return checks from back in August. She said she will file criminal charges if I don't pay. The amount on the letter was way less than the judgement. Even with the deposit being subtracted. The letter said to pay by 10/31/2015. Which I thought was weird.
Can the real estate company do file criminal charges since the eviction judgement has been entered? I am located in North Carolina.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 11 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Yes they can and it has nothing to do with the eviction judgment, this is an entirely different circumstance.

Writing checks on an account you know has been closed or has insufficient funds is another serious criminal offense. Commonly know as bad checks, worthless checks is the legal terminology under NC criminal law.

Even if you didn’t know there were insufficient funds, but the prosecution can show that you should have known, you can be found guilty. More than $2,000 (Class I felony) = 3-8 months in prison (first time offender) and Less than $2,000 (Class 2 misdemeanor) = 30 days- 6 months in jail NCGS 14-107

In addition to criminal charges, you can face civil liabilities for worthless checks. This means that restitution and fees may be due to the bank and the merchant that the checks were passed to.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

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