My friend closed an account and didn't make sure that all the checks went thru. She has to go to court and pay 438 in fees and everthing. Do you think she will just get fined or will she have jail time too??
2007-07-05 02:59:38 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It's hard to tell. If you are saying that she owes $438 total in checks and fees then first guess is she will just have to pay up the check, fee, and court cost. Another problem could be if the court thinks she closed the account in an attempt to defraud. If so, then she will probably do jail time. But there are so many factors involved that its hard to tell. Even the amount of available jail space could determine if she will do any time.
Best advice to your friend. Talk to an attorney and get some professional legal help. Go to court showing in every way that she is sorry for what happened, did not intend to defraud anyone, and willing to pay everything due.
2007-07-05 03:08:04 · answer #1 · answered by dcjohn992 2 · 0⤊ 0⤋
I'm assuming that since it has gone this far she didn't make good with merchant when her check bounced the first time. If she had the situation would have stopped there. If she ignored the merchant's request to make good on the bad check then she may need an attorney or she might go to jail. She will certainly have to pay the restitution to the merchant, plus his court fees etc. There will also be court fines and most likely probation and possibly community service. That is in additon to possible jail time.
2007-07-05 10:15:50 · answer #2 · answered by PRS 6 · 0⤊ 0⤋
More than likely she will have to pay for all the "bounced" checks plus all the fees associated with them. A fine may or may not be levied against her as well. Most banks will not close an account until all checks have been presented for payment. That's done for just such a reason you described here. Still sounds a little fishy to me that she "forgot" about checks still outstanding.
2007-07-05 11:48:12 · answer #3 · answered by D squared 6 · 0⤊ 0⤋
This is a common mistake by young people. As long as this is her first time offense, your friend should only have to pay the fine and court costs. Probably get Court Supervision. If this is an ongoing thing (3rd or 4th offense), then I would say jail time is a good possibility.
2007-07-05 10:08:29 · answer #4 · answered by cpleseekingfmf 2 · 0⤊ 0⤋
Consult a lawyer. Sounds like you don't have the whole story. Taking someone to court is a process that does not happen overnight...chances are your friend tried to get away with something and hoped it would go away...and it didn't. I would go to the party that files suit and deal with it directly.
2007-07-05 10:05:21 · answer #5 · answered by drinnt 2 · 0⤊ 0⤋
She will pay just fees, court costs, and fines, as well as restitution for the checks.
2007-07-05 10:03:50 · answer #6 · answered by Mark 7 · 0⤊ 0⤋
Possibly, it dpeends on if she has a prior arrest history, and if it looks to the judge like she tried to do this intentionally. She should make sure she has a lawyer for sure. Big mistake, if it really was a mistake.
2007-07-05 10:08:46 · answer #7 · answered by bmwdriver11 7 · 0⤊ 0⤋
If she has no history of doing this and made every effort to clear this up, it might be dropped or she will have a fine.
2007-07-05 13:07:07 · answer #8 · answered by son_of_glen 5 · 0⤊ 0⤋
Yes to both of them!
2007-07-05 10:02:54 · answer #9 · answered by snooks2468 2 · 0⤊ 0⤋