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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34781
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am being sued for a bad check

Customer Question

I am being sued for a bad check
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Can you give me some more details about the situation?

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Do you acknowledge the debt?

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How old is the debt?

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What is your legal question that I can help with tonight?

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thanks

Barrister

Customer: replied 4 months ago.
I wrote a check to a former employer to pay back the balance I owed from an "pay advance" check was returned due to account being closed. I didn't intend to do that, and ignored it. My hearing is tomorrow morning. And I am feeling nervous. The amount is $1050.
Customer: replied 4 months ago.
Transaction occured in March of this year.
Expert:  Barrister replied 4 months ago.

Ok, so what questions can I answer for you?

Customer: replied 4 months ago.
It is a private criminal complaint, what are my options? I do not have the money to pay them.
Expert:  Barrister replied 4 months ago.

Ok, that sounds strange because if it was a criminal issue, you would be charged by the state with a criminal offense..

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So are you being sued by the employer directly or are you being prosecuted by the state or county for the bad check?

Customer: replied 4 months ago.
Former employer has filed a private criminal complaint at the local Magistrate court. It has been signed off by DA
Expert:  Barrister replied 4 months ago.

Ok, then are you being charged with check fraud?

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Who is on the other side of the case...the employer or the state?

Customer: replied 4 months ago.
Commonwealth of PA vs me
Customer: replied 4 months ago.
18 $ 4105 $$ A1 (Lead) Bad Checks
Expert:  Barrister replied 4 months ago.

Ok, then this a criminal prosecution... you aren't being sued civilly...

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So do you have any prior convictions on your record?

Customer: replied 4 months ago.
disorderly conduct from 2011
Expert:  Barrister replied 4 months ago.

Ok, then what is likely going to happen is that they are going to offer you some type of probation in return for a plea of guilty that is conditioned on you entering into some type of repayment plan where you pay the money back.. That is the typical way that these types of things are resolved.

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Expert:  Barrister replied 4 months ago.

Then as long as you repay the check over your probation period, and don't have any subsequent offenses while on probation, that should be the end of it.

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thanks

Barrister

Customer: replied 4 months ago.
Is there any was to get this dismissed?And what exactly do you mean by probation?
Expert:  Barrister replied 4 months ago.

Is there any was to get this dismissed?
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Only the state can dismiss this since they are the ones pursuing the charge.. But it is possible that you might be able to enter into an agreement where you agree to repay it over X months and then the DA agrees to drop the case if you do. But that is something that is normally negotiated by an attorney with the DA.

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So if your first court date is tomorrow, that is the arraignment, and they will tell you what the charge is and ask you how you want to plead. If you plead not guilty, and then request an attorney to represent you, the judge will appoint one and then he can try to negotiate with the DA to drop the case if you repay it..

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And what exactly do you mean by probation?

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Probation is just where you are sentenced to some penalty, but the judge agrees to withhold that penalty and give you a chance to avoid it if you comply with certain conditions the judge imposes. Typically with something like this, it would be repay the check, pay any court costs, and stay out of trouble for a period of time, normally a year. If you meet all those conditions then you don't have to deal with the penalty, which is usually some amount of jail time..

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thanks

Barrister

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