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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am in Polk County, Florida. A company named Legal Review

Customer Question

I am in Polk County, Florida. A company named Legal Review Services in Orlando called me yesterday, stating that they were filling felony fraud charges the next morning at 9:00. The charges are for a returned check from 2012. They are acting on behalf of Midwest Mediation Attorney Group, who is representing Advanced Cash payday loans. I did get a loan from them in 2012, but believed it was paid. They state that the companies sent bills, but I had moved and never received any.
They stated that they would come to my house this morning with a Sheriffs deputy to arrest me. I just called the clerk of courts and they have no record yet.
Can they do this? What should I do if they can?
Submitted: 9 months ago.
Category: Legal
Expert:  Roger replied 9 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Under Florida law, the maker of a bad check may be subject to a misdemeanor charge if the check amount is less than $150.00, or a felony if the check is in excess of that amount. Fla. Stat. § 832.05(4)(c). Penalties may include up to 5 years in prison or a $1,000 fine for Felonies and up to $300 or six months in jail for Misdemeanors. - You can read more about this at the following link: http://www.jimersoncobb.com/blog/2010/08/the-penalties-for-passing-a-bad-check-in-florida/#sthash.rBptY6iL.dpuf

So, it is technically possible that this may happen, but if you believe you've paid off the debt, then you certainly have a defense to any charge.

Expert:  Roger replied 9 months ago.

That said, people aren't generally put in jail for writing bad checks unless it is a habitual problem involving a large amount of money. Instead, repayment of the debt and possibly a fine is the norm.

Usually, the best thing to do in these situations is to contact your bank and find out if any checks have been determined to be NSF or bad/worthless checks. If so, you need to determine if one you sent this particular creditor was in fact no good.

Expert:  Roger replied 9 months ago.

If that's the case, you can ask the creditor for an accounting to determine what you owe.....and then you can offer to pay the amount in question IF you're satisfied that you owe in. In exchange, they should drop or forego any charges as their main goal is to recover the money.

Expert:  Roger replied 9 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 9 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks.