What happens if you issue a big bad check?

FlyPenFly

Senior member
Jun 10, 2001
601
1
81
I am kind of in sh*t right now. I issued a check dated a month ahead for $1700 and I expected the funds to be there but a family member had a medical emergency and I couldn't get the funds ready. I tried to get the number of the company which is based in FL but was unable to and was relying on them to call me since they said they would (although I have no proof of that) but the bad check bounced and now they have threatened legal action against me. What can they actually do against me? They don't have my state license number or anything like that but my phone number and address. I tried to work it out with them but they just hung up on me. Anybody have any ideas?
 

Gyrene

Banned
Jun 6, 2002
2,841
0
0
Originally posted by: FlyPenFly
I am kind of in sh*t right now. I issued a check dated a month ahead for $1700 and I expected the funds to be there but a family member had a medical emergency and I couldn't get the funds ready. I tried to get the number of the company which is based in FL but was unable to and was relying on them to call me since they said they would (although I have no proof of that) but the bad check bounced and now they have threatened legal action against me. What can they actually do against me? They don't have my state license number or anything like that but my phone number and address. I tried to work it out with them but they just hung up on me. Anybody have any ideas?

You're screwed...
 

DarkManXY2G

Senior member
Dec 4, 2000
582
0
0
They can put out a warrant for your arrest. This happened to a friend of mine. They took him down to the police station and he had to call his parents up and have them wire the money over.
 

Monel Funkawitz

Diamond Member
Oct 12, 1999
5,105
0
0
In the words of the great Bender from Futurama "You are boned." They can push legal action which can = Jail time.

If I were you, I'd try like hell to get this settled.
 

SCSIfreek

Diamond Member
Mar 3, 2000
3,216
0
0
can you give us more details as to what that check was for? Loans? CC bills, Purchase goods? The bank will charge you a bounce check fee, the guys who went to the bank trying to cash that check will charge you a fee. All we are talking about here is cash. Nothing BIG will happen to you. relax.


--Scsi
 

NogginBoink

Diamond Member
Feb 17, 2002
5,322
0
0
Yes, you committed a crime.

But if you tried to work it out with them and they hung up on you, they're certainly not doing themselves a favor.

They likely will turn it over to your district attorney's office who may issue a warrant for your arrest (I believe).

Your best bet is to pay them the money you owe them before that happens.

But document the fact that you attempted to work with them and they hung up on you. You can use that if it goes to court probably.
 

codeyf

Lifer
Sep 6, 2000
11,854
3
81
Originally posted by: dtyn
Originally posted by: FlyPenFly
I am kind of in sh*t right now. I issued a check dated a month ahead for $1700 and I expected the funds to be there but a family member had a medical emergency and I couldn't get the funds ready. I tried to get the number of the company which is based in FL but was unable to and was relying on them to call me since they said they would (although I have no proof of that) but the bad check bounced and now they have threatened legal action against me. What can they actually do against me? They don't have my state license number or anything like that but my phone number and address. I tried to work it out with them but they just hung up on me. Anybody have any ideas?

You're screwed...

Yup.
 
Feb 10, 2000
30,029
67
91
Originally posted by: FlyPenFly
It was for OSI collections which went there because of a bad credit card


D'oh! Something tells me a collection agency will be highly motivated and well equipped to rip you a new one for writing them a $1,700 bad check.
 

FlyPenFly

Senior member
Jun 10, 2001
601
1
81
OK just found the number, I do have 24 hours after they notified me to pursue a resolution right?
 

NogginBoink

Diamond Member
Feb 17, 2002
5,322
0
0
Originally posted by: FlyPenFly
OK just found the number, I do have 24 hours after they notified me to pursue a resolution right?

I don't think so. As soon as you bounced a check, you committed a crime.

However, it's in their best interests to work with you. They're more likely to get their money that way. And they know it.
 

kranky

Elite Member
Oct 9, 1999
21,019
156
106
That's a tough spot. Collection agencies have heard every story in the world and they just assume you're lying (because most of the people they have to deal with do). They won't have much sympathy for your situation, they just want the money.

Frankly, I'm surprised that they didn't deposit your check the minute they got it, post-dated or not. Most of the time the bank doesn't catch it.
 

FlyPenFly

Senior member
Jun 10, 2001
601
1
81
ok i tried calling them and no luck, I keep getting put on hold for an unreasonable amount of time. I've kind of reviewed florida law on this and it seems they have to try to work it out with me first and if it doesn't work out, then they can pursue legal but I'm not sure about that.

So if I committed a felony what happens now? Is there a warrant out for my arrest? I'm not in Florida or probably ever will be...

so confused, sigh

I want to try to work out a payment plan with them but they keep making threats and such where it becomes near impossible to talk, they keep screaming and getting emotional while i try to keep an even voice. I mean I still can't believe they hung up on me, they're taking it really personal.
 

vi edit

Elite Member
Super Moderator
Oct 28, 1999
62,484
8,345
126
I was in the process of graduating college, living in three different cities, and tranfering jobs and wrote out a $1200 check out of the wrong checking account that bounced. It was for a security deposit and a first months rent for a new apartment. I explained my situation to the landlord and brought in a certified check from a bank that was basically guaranteed money and nothing was said of the matter after that.

Don't know how it works bouncing one on a credit collection company though.
 

slycat

Diamond Member
Jul 18, 2001
5,656
0
0
Originally posted by: vi_edit
I was in the process of graduating college, living in three different cities, and tranfering jobs and wrote out a $1200 check out of the wrong checking account that bounced. It was for a security deposit and a first months rent for a new apartment. I explained my situation to the landlord and brought in a certified check from a bank that was basically guaranteed money and nothing was said of the matter after that.

Don't know how it works bouncing one on a credit collection company though.

landlord is wholly different...i mean his talking about a i'll-rip-u-a-new-one collection agency here...
 

DWray

Senior member
Oct 11, 1999
259
0
0
Actually, I think you may be okay. You will still have to settle the debt, but it can not be prosecuted criminally in many states by the facts you have presented .

7. WHAT DEFENSES MAY BE RAISED TO BAD CHECK PROSECUTION?

A. Post-dated check - a check with a date after the date on which the check was presented is considered a post-dated check and may not be prosecuted criminally. The post-dating of the check creates an extension of credit, even if only for a day, and converts the case to a bad debt situation.

(...)

C. Payment of antecedent debt - a check which represents payment of an antecedent debt (e.g. - repayment of a loan or payment on an account) may not be prosecuted criminally.

D. Statement by the maker of the check at the time of tender that he has insufficient money in bank to cover the check, though he expects to have the money in the bank by the time the check is presented. In effect, the payee has agreed to extend credit and there is no present consideration.
 

DurocShark

Lifer
Apr 18, 2001
15,708
5
56
Originally posted by: DWray
Actually, I think you may be okay. You will still have to settle the debt, but it can not be prosecuted criminally in many states by the facts you have presented .

7. WHAT DEFENSES MAY BE RAISED TO BAD CHECK PROSECUTION?

A. Post-dated check - a check with a date after the date on which the check was presented is considered a post-dated check and may not be prosecuted criminally. The post-dating of the check creates an extension of credit, even if only for a day, and converts the case to a bad debt situation.

(...)

C. Payment of antecedent debt - a check which represents payment of an antecedent debt (e.g. - repayment of a loan or payment on an account) may not be prosecuted criminally.

D. Statement by the maker of the check at the time of tender that he has insufficient money in bank to cover the check, though he expects to have the money in the bank by the time the check is presented. In effect, the payee has agreed to extend credit and there is no present consideration.

Sounds like you've cleared 2 of those for sure...

Postdated checks are a common method used by collection agencies to get at least some sort of guarantee that you will pay the money. But by requesting that kind of check, they're admitting up front that you don't have the $$ in the bank at the moment. So, you've turned it into a bad debt instead of a felony fraud transaction.

Whew.
 

FlyPenFly

Senior member
Jun 10, 2001
601
1
81
Woah thanks guys, can you tell me where you got that DWray? I hope this applies in Florida as well as I'm not sure how the law works. A post dated check from what I gather is when I write a check far ahead of the current date right like I did?
 

Kenazo

Lifer
Sep 15, 2000
10,429
1
81
Gotta love Canada. If we write bad cheques here it only counts against your cred rating. I don't think you can get arrested for it or anything.
 

LordMaul

Lifer
Nov 16, 2000
15,168
1
0
What happens if you issue a big bad check?

You get the big bad cops coming after you.
 

Banana

Diamond Member
Jun 3, 2001
3,132
23
81
Ouch--bad check to a collection agency--I'd hate to see your credit report.

The obvious thing is to try to pay what you owe ASAP, or arrange for installment payments. Also--DON"T FORGET THAT YOU CAN NEGOTIATE THE AMOUNT! The collection agency buys the debt from the original creditor, so you no longer owe that creditor. The collection agency can still make a profit even if they don't collect the entire amount.