How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Sam Your Own Question
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
10707909
Type Your Legal Question Here...
Sam is online now
A new question is answered every 9 seconds

I was issued a citation at my home this morning bounced

Customer Question

I was issued a citation at my home this morning for a bounced check. I live in Utah and I am scared to death now about the process. Will it go on my permanent record? And how does that affect me in the future? Do I have to appear before a judge or can I just pay the remainder? I have paid half of the balance in payments so the balance is very small now.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

You can pay the amount of the check and the $20 fee within 15 days of receipt of the Notice.

If you do not make those payments in the 15 days, the creditors will be within their rights to file a civil action against you and under Utah Code Annotated, Section 7-15-1 for the following:

1) The amount for which the check was written
2) Interest on this amount
3) The court costs charged to the creditor
4) The creditor's lawyers' fees
5) The collections fees in the amount allowed by Utah's laws
6) Triple the amount for which the check was written or $100, whichever is greater except when this amount will be more than $500, or the check's writer is determined not to be guilty of writing a bad check on a check that is post-dated

Expert:  Sam replied 1 year ago.

I suggest the best thing to do is contact the person you paid the check to and tell them you want to pay the check, make it good in cash and the fee. When you do this get a receipt for it. Then contact the DA and tell them the issue is settled. If it has gone to criminal court, it can be dismissed once you have made it good.

Customer: replied 1 year ago.
The citation states that I need to appear in court, does this mean it is already on my record? If I contact the person I have been making payments to and pay this in full, does that eliminate the citation all together?
Customer: replied 1 year ago.
Or do I still need to go to the courts with the receipt of payment in order to assure it is taken care of. And if so, will it be on a permanent record?
Expert:  Sam replied 1 year ago.

Thank you. If it has already reached the courts, you need settle it with the District Attorney. But there is nothing on your record at this time.

Expert:  Sam replied 1 year ago.

You can try to contact the person you wrote the check to and see if they will dismiss it with cash payment, however

Expert:  Sam replied 1 year ago.

Then you can take the receipt to the court and have the DA dismiss the charge.

Customer: replied 1 year ago.
when I appear and pay the remaining balance will it go on my record, or will it just be settled without going on a record? Sorry, this is my first experience with the legal system.
Customer: replied 1 year ago.
I would prefer to take the cash to the court- rather than contacting the other party howeve, if it will make a positive difference to resolve it with them, I will do that.
Expert:  Sam replied 1 year ago.

I suggest you can contact the District Attorney and tell them you want to make payment and request to be allowed to do that, and request they dismiss the matter. You can try that. Ultimately, it is up to the DA to dismiss.

Expert:  Sam replied 1 year ago.

You can contact the DA in the county where you are scheduled for court. And discuss that option.

Customer: replied 1 year ago.
This was issued from a city. I am required to appear before a small city judge. Is that still something I need to go to the DA for?
Expert:  Sam replied 1 year ago.

Thank you. ***** that case, contact the clerk of the court and request to settle this so the matter can be dismissed. If this is in the court system, the District Attorney for that county has the matter. But the clerk should be able to tell you how to pay it and have it dismissed. If the clerk will not tell you, then you need to go the DA in the county where the City is located.

Expert:  Sam replied 1 year ago.

I suggest you should be able to pay it and have it dismissed, if the person you wrote it to is agreeable to that.