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I am being sued for a bad check

Customer Question
I am being sued for a bad check
Submitted: 1 year ago.Category: Legal
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Answered in 3 minutes by:
10/5/2016
Lawyer: Barrister, Attorney replied 1 year ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,484
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

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.

.

Can you give me some more details about the situation?

.

Do you acknowledge the debt?

,

How old is the debt?

.

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

.

.

thanks

Barrister

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Customer reply replied 1 year 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 reply replied 1 year ago
Transaction occured in March of this year.
Lawyer: Barrister, Attorney replied 1 year ago

Ok, so what questions can I answer for you?

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Customer reply replied 1 year ago
It is a private criminal complaint, what are my options? I do not have the money to pay them.
Lawyer: Barrister, Attorney replied 1 year ago

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

,

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

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Customer reply replied 1 year ago
Former employer has filed a private criminal complaint at the local Magistrate court. It has been signed off by DA
Lawyer: Barrister, Attorney replied 1 year ago

Ok, then are you being charged with check fraud?

.

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

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Customer reply replied 1 year ago
Commonwealth of PA vs me
Customer reply replied 1 year ago
18 $ 4105 $$ A1 (Lead) Bad Checks
Lawyer: Barrister, Attorney replied 1 year ago

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

.

So do you have any prior convictions on your record?

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Customer reply replied 1 year ago
disorderly conduct from 2011
Lawyer: Barrister, Attorney replied 1 year 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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Lawyer: Barrister, Attorney replied 1 year 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.

.

.

thanks

Barrister

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Customer reply replied 1 year ago
Is there any was to get this dismissed?And what exactly do you mean by probation?
Lawyer: Barrister, Attorney replied 1 year ago

Is there any was to get this dismissed?
.

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.

.

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..

.

And what exactly do you mean by probation?

.

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..

.

thanks

Barrister

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Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,484
39,484 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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