I accidentally had 3 checks to a grocery store that didn't clear. They were within 3 days of each other. I had an Automatic withdraw from another bill I had. It came out before It was supposed to/ The bank didn't honor them so I was Insufficient on funds. So the Collection Agency has Threatened me with a warrent. Can they have me arrested for this.
2007-02-05 23:42:15 · 7 answers · asked by Crusader 1 in Politics & Government ➔ Law & Ethics
THey would have to take you to court and have you charged and found guilty of fraud to get you jailed. It's a B*s* threat to get your attention. Now that thye have it, call them, explain it, and arrange to set things right. It'll cost ya a few bucks, but it probably won't end with you in jail.
2007-02-05 23:56:48 · answer #1 · answered by wizjp 7 · 0⤊ 0⤋
I'm not an attorney and I presume you are in the US, but this is how it works...
The collection agency is a civil agency. They are limited to civil court (in Indiana you could be sued for 3x the amount of the check...) The local prosecutor's office is a governmental agency and it would need to charge you with a crime (check deception in Indiana). A warrant probably (depending on your jurisdiction) couldn't be issued for your arrest for a civil matter (for instance if you were charged with check deception). Warrants are only usually issued if you are charged with a crime against a person (rape, murder...) and not against property (check deception). Warrants can also be issued if you miss a court date whether it is in civil court or criminal court cuz' it makes Judges mad if you don't bother showing up...
You could have both things happen at the same time, being sued in civil court and charged with a crime. There is lots of stuff that has to happen bookkeeping-wise before you would even end up with a court date (or a warrant issued for your arrest).
But here's the thing, you're an adult, you wrote the checks, you got the stuff from the grocery store for the checks. Contact the collection agency, find out what it would take to make the checks good and then do it. They will probably demand all the money for the checks up front, but I'm presuming you don't have it so tell them what you can afford to do and then follow through with the payment plan.
I agree with CanTexan. Stuff doesn't go straight to a Collection Agency. You need to act quickly to protect your rights. If you don't act quickly, then you may waive certain rights and remedies. AND get everything in writing from the Collection Agency. Better safe than sorry.
2007-02-06 01:23:49 · answer #2 · answered by vbrink 4 · 1⤊ 0⤋
First off, the 'automatic withdrawal' by the bank will happen on the business day specified, or else the next business day. They don't do things like that "early".
Second, you wrote THREE cheques over a three-day period. You must have dated them for the days on which they were written (I don't know of a single grocery store that will take a post-dated cheque!). Which means you DID know when the automatic withdrawal was going to occur, and you either ignored it or maybe (I'm being generous!) simply forgot about it.
In either case, you've now commited fraud - which is a chargeable offence. This means the collection agency can get a warrant for your arrest, provided that they can prove you actually wrote fraudulent cheques. Which, from what you've mentioned, is going to be pretty easy to do.
You must have had this hanging over you for a while, because the grocery store doesn't usually go direct to a collection agency ... which is getting you in deeper, by the way.
'Fess up, explain the situation to the collection agency (verbally, AND in writing so that you have a record), and make arrangements to pay off what you owe. Otherwise, be prepared to spend some 'quality time' in the local jail ... and still have to pay the money.
2007-02-06 01:09:38 · answer #3 · answered by CanTexan 6 · 1⤊ 0⤋
Collection agencies can have you arrested for anything. If the grocery store fills a compliant, it is possible you could be arrested for check fraud. If the prosecutor believes you knew the check would bounce, they can't charge you with a crime.
2007-02-06 01:09:25 · answer #4 · answered by STEVEN F 7 · 0⤊ 0⤋
Yes i believe they can and it may be a felony for being 3 days of each other.
2007-02-06 01:02:42 · answer #5 · answered by metallica_rocks0122 6 · 1⤊ 0⤋
you were trying to bet the system with a bum check, there is a law against that. there is no just thing as " accidentally"
2007-02-05 23:51:42 · answer #6 · answered by Anonymous · 1⤊ 2⤋
They sure can.
And, they sure will!
2007-02-05 23:46:58 · answer #7 · answered by Anonymous · 2⤊ 1⤋