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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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bad check

Customer Question

Hello, I have a big problem I wrote a check to a business for 2500.00 and it bounced i got a certified letter asking for payment i contacted them and asked them if i could make payment arrangements they said no and they said if i didnt have full payment by friday they were calling the police depatment and pressing charges will they arest me right away or what will happen i live in northampton county, pa please help
Submitted: 11 years ago.
Category: Legal
Expert:  Tammy F. replied 11 years ago.

 I suggest that you borrow the money from a friend or relative if you can.  You are legally obligated to make good on the funds that you promised.  If you fail to do so, the company can file suit against you.


In Pennsylvania, this would be a criminal penalty. It would mean up to $1,000 fine or up to 2 years in jail, or both, in addition to having to repay the balance.


I hope that you can get this settled before they issue a warrant for your arrest.


Good luck! 

Expert:  The Mystic Wave replied 11 years ago.

Greetings:


There are certain things to take into consideration concerning your situation. Thus, please answer the following for me please:


When did you write the check?


Did you know that you did not have the funds in the account when you wrote the check?


Did your bank notify you of insufficient funds?


Did you write the check under a valid bank account?


How long after you wrote the check were you notified by the business that it bounced?


How much did you tell them you could pay?


Please let me know.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Customer: replied 11 years ago.
Hello, I worte the check in the middle of January no the account was closed they were demanding payment. Today i gave them 200.00 cash got a receipt and they said they would notify the police officer that i could come up with the rest of the money hopefully by wednesday but she didnt know if he would accept it. What can they do since i didnt come up with all the money by today please help .
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you for responding.


I am still not clear  - are you saying that the bank account was closed when you wrote the check - therefore, not a valid account?


or if a valid account: Did you know that you did not have the funds in the account when you wrote the check?


Did your bank notify you of insufficient funds?


How long after you wrote the check were you notified by the business that it bounced?


Before this payment of $200.00  - how much did you tell them you could pay?


Please let me know.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave




Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Please respond to my questions so that I can assist you.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave 

Customer: replied 11 years ago.
Hello,
No it was not a valid account, I never told them how much I would pay I told them I was trying to get the money to pay them and they said okay,about 2 and half weeks after check bounced they notified me then about 2 weeks later they sent a certified letter about it bouncing.
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you for getting back to me. Oh dear.....if I understand you correctly (that the account was NOT valid), you may find yourself with a serious charge - a criminal matter due to the fact that you intentionally wrote a bad check, this is fraud..... I suggest you contact a criminal attorney immediately.


A person commits an offense if he issues or passes a check knowing that it will not be honored by the drawee.  In any prosecution for theft by means of a bad check, the laws of the State of Pennsyvania presumes that an issuer knows that the check would not be paid if the issuer has no account at the drawee bank, or if the payment is refused for lack of funds, upon presentation within 30 days after issuance, and the issuer fails to make the check good within ten (10) days after receiving notice of that refusal. If a person is convicted of knowingly issuing a bad check, he may be ordered, in addition to any criminal penalties, to reimburse the payee the amount of the check, interest thereon at legal rate, and a service charge not to exceed $20 if a written notice of the service charge was conspicuously displayed on the payee's premises. Notice of refusal may be given to the issuer orally or in writing by any person. If notice is given by mail, it is presumed to have been received by the issuer if it was sent by registered or certified mail, regardless of whether a receipt was requested or returned, to the address printed on the check or, if none, then to the issuer's last known address. (18 Pa.C.S. § 4105.)


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

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