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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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i am a small business and i had written checks to my supplier

Customer Question

i am a small business and i had written checks to my supplier in november and december of last year i had thought he had cashed the checks but it turns out he did not my business is in the process of bankruptcy and he is telling me he is going to take me to court and what not, i have offered to work out a payment plan but he refuses and. the amount is about $20k what am i to expect?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 6 years ago.

JB Umphrey :

Thank you for using JustAnswer!

If your debts are discharged in bankruptcy and if your suppliers are listed as creditors/people being owed money, he will be out of luck. He will not have an independent basis to sue you in court unless you signed the accounts as a personal guarantor.

JB Umphrey :

Good luck and best wishes. I hope that you find this information to be helpful and this answer to be ACCEPTable!

JACUSTOMER-nkj5lo8i- :

at this moment im not in any official bankruptcy and he deposited the checks into his account yesterday by tomorrow the checks shoud be no good. what actions can he take against me and what should i do becasue i have already lost about four cars and have no more money and thats about all the money i owe what can i expect?

JB Umphrey :

Well bouncing checks is a crime so he could report it to the police.

JB Umphrey :

On the civil front, you can file for bankruptcy ASAP and make sure that he's listed as a creditor.

JB Umphrey :

Hope this helps to clarify things.

JACUSTOMER-nkj5lo8i- :

the checks have not bouced the account is frozen do to me reporting losing my check books yesterday so technically they wont bounce. but they will be returned.

JB Umphrey :

Yes, and if you do not make the checks good, you can be charged with a crime.

JACUSTOMER-nkj5lo8i- :

so if i file for BK tomorrow will i be protected?

JB Umphrey :

If he's listed, yes, you would be protected from civil suit.

JB Umphrey :

If you are satisfied that your questions have been answered, you can select ACCEPT to close this thread and so that I receive credit for assisting you today.

JACUSTOMER-nkj5lo8i- :

so how about the criminal side?

JB Umphrey :

To avoid criminal liability, since you issued the original checks, you'd have to make them good.

JACUSTOMER-nkj5lo8i- :

what if i am un able the company is done

JACUSTOMER-nkj5lo8i- :

im broke...

JB Umphrey :

That's not a factor for criminal law.

JB Umphrey :

It's not a valid defense to criminal charges.

JB Umphrey :

Is there anything else?

Expert:  JB Umphrey replied 6 years ago.
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