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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33384
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Their I own a LLC and we buy fix and flip. On a rehab we

Customer Question

Hi their I own a LLC and we buy fix and flip. On a rehab we where working on. I had a roof replace. Which was $9985. I gave the company a check for $6500 as a deposit with no.problem. owning a balance of $3350. The second check was not able to be paid. Came back.with NFS cause the 5 draw was never release The whole project came to a stop. Now the property has a condemned process and the roofing company trying to file criminal charges. We have try to refinance the property and have gone threw 4 lender but we have had no luck and now the property is being foreclosed with $65-000 of our money that was deposit in a draw for rehab. We have no income at this point as all our investment is tie to this property. What can we do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what can I do", "what are my rights", or "what are my options" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: replied 1 year ago.
Hi Dwayne. The roofing company who provided the service was paid $6500 . It was paid with a company check. Now they want to file criminal charges for the balance owe? Can they do this in the state of Florida. Can you be arrested for a NFS business check even if they where pay more then half of what they charge?
Customer: replied 1 year ago.
For the remaining balance of $3350?
Expert:  Dwayne B. replied 1 year ago.

Yes, unfortunately they can. The issue is whether there was enough money in the account at the time the check was written and presented, not whether they were subsequently paid something on it. Most DAs don't pursue NSF check cases where half has been paid but it doesn't mean they can't.

There are also other potential charges that can be filed, depending on the exact facts including fraud, theft of services, and others.

You also have to remember that charges are filed based on the allegations of one side and generally require almost no proof. To get a conviction requires a lot of proof but filing charges requires almost none.

My suggestion is to hire a local lawyer that does criminal law and let them handle this for you. They should be able to head it off and prevent anything from happening and it likely won't cost a whole lot if they can stop you from being charged and it will definitely be cheaper than actually getting charged.