I Have A Non-sufficient Funds Check, Is It A Felony??
I Was Given A NSF Checks By An Equipment Company In Texas And I Was Told That This Guy Could Face Jail Time, The Checks Total An Amount Of 57,000 Dollars Which He Seems To Be Enjoying And Re-investing.
Is It Possible That This Guy Could Face The Fact That He Is Going To Jail If He Doesn't Pay Me??
How Should I Proceed?
Thank You All For Your Help.
I suggest you see a lawyer and explore your options. Realize, too, that a criminal case doesn't automatically benefit the victims. He could get jail time from a conviction and you get nothing.
sounds like you are gonna have to slap a lean on this little prick
It depends on the state you live in. I know for here in Ohio if you write a check for $500.00 or more to anyone or any buisness with the exception of a cash advance place it is a felony and could face possible jail time. But im sure a check in the amount your talking about would be a felony in any state
You need to speak to an attorney. People do not go to jail for owing someone money, they go to jail for fraud and crimes like that. It might be worth your while to talk to your county/city prosecutor. Unfortunately, you want your money and jail for him probably won't get you what you want.
he's not going to jail for not paying you.
if he goes to jail its for writing a check like that!
unless you have a contract, then he can be sued!
You'll need to get ahold of the J.P. (Justice of the Peace) in your county to deal with this. Before you do so, you must send a certified letter to the party who wrote you the bad check. Next, most counties typically require proof that you've mailed a certified letter asking for reimbursement for the NSF. You'll need a copy of the letter and the certified mail receipt (it's a green and white form you attach to your letter) at which point the county will pursue the matter on your behalf to include an arrest warrant for the bad check after all attempts to recover the debt have been exhausted and the offending party refuses to respond to your requests. Warrants are typically issued after the party fails to appear in court to offer a solution to the problem.
Additionally, if the person that wrote this/these checks STILL refuses to pay after making a payback agreement, the next step is to have a wage garnishment put into place to include your own legal fees, which can also be accomplished by visiting your J.P's office for the county you live in. Keep in mind that you DO NOT need an attorney to go about getting the county involved in your bad check issue, but you would need one should a wage garnishment be needed after all of this which could take a few months. Also, if the checks were written for tangible items, you can always have an attorney put a lien on the items sold as well but you need to MAKE DOCUMENTED EFFORTS to solve the issue of payment first beFORE you try to get a lien, or it won't be granted. All of this info is specific to Tx. only, I'm not sure how other states handle these things. In the end, this whole thing is going to take a few months and the person that signed the bad check won't go to jail (that'll be who the warrant is issued for) unless you spot them in the county the warrant was issued in, and get the police to where ever they're at in time before they leave and go somewhere else.
to everyone else:
In the state of Texas, it's felonious to pass checks knowing that the funds you've promised will not be available. This is the standard procedure for every county in Texas with respect to NSF checks. Eventually, this person will end up in jail. But it's not some sort of horrendous felonious offense. People do kind of go to jail for not making good on bank drafts..at least in the state of Texas. But conversely, the FBI isn't going to kick someone's door in either.
Take the check to the state's attorney and press charges. What happens will depend upon the amount of the check he wrote to you, and whether or not other people prosecute him. He could be convicted under RICO which would mean serious prison time. Makes lots of copies of the check front and back just in case the original gets lost or destroyed.