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Posted: Fri Apr 06, 2007 2:01 pm Subject: Bad check to a collection company

I set up a post dated check with a collection company called ACI who is working for a car company which financed a vehicle that was reposessed earlier this year. The check was post dated out 15 days and did not go through due the funds not being in the account. I recieved a call from ACI today saying they were going to contact the local sheriffs office and have me taken to jail for writing a bad check across state lines. The check was for $700.00 as was an initail installment to set up a payment plan. Do I need plan a jail visit or am I ok?

Posted: Fri Apr 06, 2007 2:06 pm Subject:

What state are you in? you need to find out about your states bad check laws..

Guest · Posted: Fri Apr 06, 2007 2:21 pm Subject:

About 9 months ago I was in the same position. I wrote a bad check to a collection agency. I was served with a court papers and had to go to court. I was convicted of fraud. I went to jail in December and Ill be getting out next October hopefully, although its not that bad in here.

Posted: Fri Apr 06, 2007 2:30 pm Subject:

Most DA'S don't prosecute post-dated checks because it is just a bad deal. Check with a lawyer,but I think you will be fine.

To the guest,you had best get a clue before you get a boot. To be convicted of fraud anywhere in the country,you must prove criminal intent beyond a reasonable doubt. So carry your collector behind back to Bass & whoever it is today.

Posted: Fri Apr 06, 2007 2:32 pm Subject:

I thought it was theft by deception not fraud when you get put in jail for writing bad checks....Hey Cajun Glad you saw this..I was just getting ready to PM you when I saw that you already posted a reply( I was afraid that the original poster would see this and freak out cuz I know i WOuld have)

Posted: Fri Apr 06, 2007 2:40 pm Subject:

If Da was to prosecute,it is theft,hot check.Whichever language your state code has for it. Where I live if a pdl or collector is involved,Da will not touch it because they know these businesses do not keep their word on when to put check in. Da knows they will intentionally put it in to punish person and scare the crap out of them. Op stills needs a lawyer to check this out,but I really don't see jail time. Collector and his bank will be allowed to assess additional fees for returned check. The only cases I have seen go to court on this were multiple checks at local stores and they still got no jail time provided they paid back what they owed. If they were to lock up everyone who bounced a check,where would we put the real criminals like collectors? Rolling Eyes

Posted: Fri Apr 06, 2007 2:44 pm Subject:

Apparently they arent putting them in jail either....Just take a look at my caller ID! LOL Or maybe they are calling me from inside the jail....

Posted: Fri Apr 06, 2007 3:34 pm Subject: Bad Check

I am the original poster / I am in the state of GA. Where can I go and find the laws online?

Posted: Fri Apr 06, 2007 3:38 pm Subject:

Did anyone notice that the "guest" above says they are getting out of prison next October? Guest, I would say there is more to your story than what you are saying, otherwise you wouldn't be doing prison time for fraud.

Posted: Fri Apr 06, 2007 3:41 pm Subject:

And your check was for a substantial amount, I know in my state any check written for over $300 is considered a felony. I think you really need to work out some type of arrangement, that is a large check to leave out their unpaid and could be considered a felony, if you do not respond or take care of it.

Posted: Fri Apr 06, 2007 3:44 pm Subject:

To find out your laws on bad check collection,go to lawdog.com. Click on collection,then checks.

Posted: Fri Apr 06, 2007 3:48 pm Subject:

If you want to put yourself at ease, you should contact an attorney. I'm willing to bet that they will tell you that you can not leave a $700 bounced check unpaid, and it is a felony.

Posted: Fri Apr 06, 2007 3:51 pm Subject:

It's like that here, too, Steelers. I know for a fact you can go to jail in some counties in Michigan. That is a very large amount, and it could be a felony. It could possibly be considered uttering and writing, depending on the circumstances.

Posted: Fri Apr 06, 2007 4:04 pm Subject:

Steelers is right, you need to take care of this. I used to work in retail and we would prosecute anything over $500 for bad checks. It is a felony at the amount you have, at least in Ohio. Hmm, they must have changed the laws in Ohio. Thanks for the update Steelers. I know it used to be $500 but it has been years since I've had to deal with anything like this.

Posted: Fri Apr 06, 2007 6:46 pm Subject:

As to "Guest", if he is doing time, 1) he must have a history of writing hot checks, 2) if he is really serving time he probably wouldn't be allowed the luxury of a computer and the internet.