Bad check to a collection company

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

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.

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.

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)

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? :roll:

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....

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

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.

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.

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

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.

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.

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.

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.

Thank you Law Student.. I was about to ask what prison allows computer chat time... I would say guest is not being very up front.. :)

Maybe a minimum security Federal prison or "Club-Fed". But with the length of the sentence he mentioned, he'd probably be in county jail, which is even less likely to allow the luxury of internet usage.

I found this online from GA Law:

Giving a bad check to pay antecedent debt does not violate section. Giving of a check to pay an antecedent or pre-existing debt, without funds in the bank, and without obtaining anything of benefit thereby does not constitute a crime under this section. Vasser vs Berry, 85 Ga App 435, 69 S.E. 2d 701 (1952)
In my case, since this check was written to a creditor and I received nothing in exchange I read this as I am ok...

Hello Cajunbulldog. I can't find the thread where you said this, but I will ask you about it here because I see you are in this thread and it makes me think of what you said. You said something like you were being whipped here on this board. By who? That's wrong. I read this board up and down daily, and no one has whipped you. You need to calm down.

The other moderators are laid back and funny. I love the banter between Jessi and Fins. Please calm down and you will see it's a better place to be. Please remember this is only the internet. None of it matters. This is not a corperation, just a bunch of people chatting. That's it. Settle down, and you will get along better with people here, and you won't have to be all uptight.

Take this as a suggestion, not an attack.

Yeah internet use in prison or jail at the tax payers expense, isn't that lovely. Would not happen in Pennsylvania. I visit our local prison once a month to do a mandated program for work, they do not allow internet access in the prison.

They definately don't allow it in County Jail...From what I have heard you are lucky to get a blanket let alone computer time

lawdog.com/states/ga/sta2.htm
This link is provided for the original poster. Bad checks can impose civil and in certain cases criminal actions. Speak with an attorney licensed to practice in your state for more information.

Law Student,

I think you are right about that. Something seemed weird about that post to me as well.

Cajun is always like this........he is a pretty angry guy. Home life must be pretty ruff. Anyway, hang in there cajun, i am sure in due time, your pain will heal.

Guest,the only time I get angry is when members & guests are attacked and critized on this board. I also get angry at guests coming here and trying to make me angry.

Cajun is very nice.i know him since he was 5 years
Old.he is a wonderful human being.

Wow :shock:

cajun....trust me, i understand. it hurts doesnt it?? just hang in there big guy, it wont always be this bad. keep your head high, you dont have to be this ashamed.

Cajun I have come to the conclusion that you have left a trail of broken hearted women behind you and that is who all these guest are...LOL ;)

:shock: :shock: I don't know what guest's problems are. Been with the same woman for 12 years now so that would rule out that theory.Only other woman is my 5 year old daughter. I try not to get distracted by drama like this. (By the way Guest,I will be asked Admin to keep an eye on your IP since you so love to take swipes at me) :lol: