I had a severe falling out with my ex-landlord, and in my best interest i removed myself from the situation. However one of the things i did wrong on accident, was ONE (out of many i had written over the years) check bounced for rent of August. He told me would be evicted if i didnt come up with the money, i knew i wasnt going to be able to, so i just evicted myself. He decided to press criminal charges for a bounced check. it was for 650 dollars. I got pulled over for a traffic violation and was arrested, i posted 1,500 PR bail and have a court date for the 6th of december. The cop that arrested me told me this was only a Class B misdemeanor and im not looking at jail time, most likely just financial restitution for the landlord. Im not convinced of this however, as getting cuffed and booked makes this whole situation seem more serious. i have never bounced a check before, and i have no criminal record. My question is, will i have to have the money i owe there on the day of court?
2006-11-06 02:13:27 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Also, do you guys think that financial restitution to the landlord is probably the worst case scenario im looking at? and what if i dont have whatever money the judge wants me to pay to the landlord, do they give you like 30 days or so many days to do it? there is just no way im gonna have that kind of money by the 6th of december, and i dont wanna get locked up
2006-11-06 02:14:54 · update #1
First, you're probably only looking at financial restitution. My sister in law bounced a lot more checks than you did, and the only time she spent in jail was when she was arrested and booked. Other than that, it was all financial restitution.
Second, I do believe you have some time to pay it off. Or, they have immediate loans they can give you, and you have to pay them off. I'm not sure exactly how it goes, but I highly doubt you need the entire sum in full on the day of court. Again, my sister in law owed thousands, and she's still paying it all off (over two years). I think if you agree, and stick to the agreement, to a payment plan, then that might be good enough.
Third, you will owe more than the $650. At the very least, there will be the landlord's attorney fees that you need to pay for.
2006-11-06 02:24:07 · answer #1 · answered by Pink Denial 6 · 0⤊ 0⤋
First of all, good on you for evicting yourself.
I don't think you have to have the money with you on the court date. I'm sure you get a certain amount of time to come up with the money.
Since it was the only time the cheque bounced and you have no criminal record, I'm sure that the judge will just make you pay the original amount of $650. Unless you have the apartment leased and you left without giving notice. If this is the case, then the landlord could claim that because you gave no notice, he lost , say for example, 2 weeks rent while he was looking for another tennant.
However I'm sure the judge will be sympathetic towards you.
Can you ask your parents , guardians for a loan of the money ?
You would feel better having the rent paid and you would be able to take your time paying back your parents.
good luck
In this case the judge may find that you should pay compensation for this.
2006-11-06 02:27:10 · answer #2 · answered by specs appeal 4 · 0⤊ 0⤋
Never having been it your situation, the best answer I can give you is to call a lawyer and ask them and call the local courthouse and ask them if you'd need the money immediately after sentencing or not.
Did you give the landlord written notice or just skip? Also, doesn't matter that you evicted yourself, you still owe the rent money from the check that bounced and whatever the penalty for breaking the lease.
I'd do my best to have the money available on the court date or have someone who'd be willing to loan you the money on that day in case they do want it immediately. You might be able to work out payments but I'm not sure.
2006-11-06 02:25:24 · answer #3 · answered by parsonsel 6 · 0⤊ 0⤋
you will not go to jail, just be respectful when you are in court, you will have to pay the check back, with court fees and attorney fees, if the landlord has proof of them, maybe the fees for the eviction notice he sent you, and a bounced check fee for him and anything else on your lease contract. they will give you time to pay him back, with interest ( the court will set this , I think it is about 9% now). Make sure you pay on the payment plans you set up in court
2006-11-06 03:46:56 · answer #4 · answered by sevenout7 4 · 0⤊ 0⤋
If you have been charged, you are charged regardless of the landlord. You will have to go to court. Pay the guy, get a reciept, he won't be bothered to show up and explain to the judge if you have to. No witness, no charge. If pressed you will have shown you tried to fix things. As long as you have no record they will let you go.
2006-11-06 02:25:30 · answer #5 · answered by jackson 7 · 0⤊ 0⤋
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2016-10-03 08:23:43 · answer #6 · answered by ? 4 · 0⤊ 0⤋
beg and borrow buddy...you have to have it!!! just call the court and ask them how it works....I know that if u pay it before the court date, the charges will be dropped(know this from experience) ask the court flat out if ull be locked up on Dec. 6th
2006-11-06 02:24:48 · answer #7 · answered by ~LAX Mom~ 5 · 0⤊ 0⤋