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Getting sued by state for check deception...HELP!!!





Sub: Getting sued by state for check deception...HELP!!!
Tue, 04/08/2009 14:46

I recently got a letter/summons to appear in court because I was being charged with a Class A misdemeanor in the state of Indiana. I immediately called the court to find out who was charging me. I had no recollection of writing a bad check to this place, as I have written many checks to them with no problem. I looked at my bank record and a few months ago a check did bounce. I didn't even realize it until now. I also noticed that this same place cashed two more checks after the one bounced. So my question is, should I get a lawyer? I was told by the court to go pay the check off at the place it was written to and then appear at court, and if I don't a warrant will be issued for my arrest. I have never been in trouble with the law and this is freaking me out a bit. I did not realize the check would bounce or I wouldn't have written it in the first place.
Here is what I am being charged with:


Sec. 5. (a) A person who knowingly or intentionally issues or
delivers a check, a draft, or an order on a credit institution for the
payment of or to acquire money or other property, knowing that it
will not be paid or honored by the credit institution upon presentment
in the usual course of business, commits check deception, a Class A
misdemeanor. However, the offense is a Class D felony if the amount
of the check, draft, or order is at least two thousand five hundred
dollars ($2,500) and the property acquired by the person was a motor
vehicle.
(b) An unpaid and dishonored check, a draft, or an order that has
the drawee's refusal to pay and reason printed, stamped, or written on
or attached to it constitutes prima facie evidence:
(1) that due presentment of it was made to the drawee for
payment and dishonor thereof; and
(2) that it properly was dishonored for the reason stated.
(c) The fact that a person issued or delivered a check, a draft, or
an order, payment of which was refused by the drawee, constitutes
prima facie evidence that the person knew that it would not be paid
or honored. In addition, evidence that a person had insufficient funds
in or no account with a drawee credit institution constitutes prima
facie evidence that the person knew that the check, draft, or order
would not be paid or honored.
(d) The following two (2) items constitute prima facie evidence
of the identity of the maker of a check, draft, or order if at the time
of its acceptance they are obtained and recorded, either on the check,
draft, or order itself or on file, by the payee:
(1) Name and residence, business, or mailing address of the
maker.
(2) Motor vehicle operator's license number, Social Security
number, home telephone number, or place of employment of the
maker.
(e) It is a defense under subsection (a) if a person who:
(1) has an account with a credit institution but does not have
sufficient funds in that account; and
(2) issues or delivers a check, a draft, or an order for payment
on that credit institution;
pays the payee or holder the amount due, together with protest fees
and any service fee or charge, which may not exceed the greater of
twenty-seven dollars and fifty cents ($27.50) or five percent (5%)
(but not more than two hundred fifty dollars ($250)) of the amount
due, that may be charged by the payee or holder, within ten (10) days
after the date of mailing by the payee or holder of notice to the
person that the check, draft, or order has not been paid by the credit
institution. Notice sent in the manner set forth in IC 26-2-7-3
constitutes notice to the person that the check, draft, or order has not
been paid by the credit institution. The payee or holder of a check,
draft, or order that has been dishonored incurs no civil or criminal
liability for sending notice under this subsection.
(f) A person does not commit a crime under subsection (a) when:
(1) the payee or holder knows that the person has insufficient
funds to ensure payment or that the check, draft, or order is
postdated; or
(2) insufficiency of funds or credit results from an adjustment
to the person's account by the credit institution without notice
to the person.

As added by Acts 1978, P.L.144, SEC.6. Amended by Acts 1981,
P.L.303, SEC.1; P.L.268-1983, SEC.2; P.L.328-1983, SEC.1;
P.L.298-1989, SEC.1; P.L.42-1993, SEC.96; P.L.300-1995, SEC.1;
P.L.85-2003, SEC.1.



Article Rating: 
bbm1973
bbm1973
Posts: 29
Credits: 1153.85 Send message to bbm1973

Sub: #1 I had this happen to me, Kd. If these people were legitimate, thTue, 08/04/2009 - 14:46



I had this happen to me, Kd. If these people were legitimate, they would honor your request for info. They have to verfiy the amount and who they are collecting for. To me, it sounds like fraud, though. When I started asking the people that called me questions--they knew absolutely nothing about the legal system despite the fact they were telling me they were going to sue me--they actually hung up on me. Definitely fishy.

There are a lot of fraudulent schemes out there; if you have ever applied for or had a payday loan before, you could be a vicitim of this. It sounds like that is what this is--if they continue to use bad collection tactics, report them to the FTC and your state's attorney general's office.


Unregistered

Sub: #2 250 dollar unpaid loanTue, 07/21/2009 - 10:09



Hi guys -
I recently was contacted about a 250 dollar unpaid loan that is in my name - I asked for the company's name and they still will not tell me they just continue to threaten me and my references on the loan they said that I have to pay 750 dollars on Aug 3 09 or they will sue me for 5,000 dollars is this right can they do this?

Any kind of info would help me out alot! Thank you


swedishgirl
swedishgirl
Posts: 321
Credits: 3604.35 Send message to swedishgirl

Sub: #3 Didn't your bank send you a bounced check notification? This wouThu, 02/21/2008 - 10:37



Didn't your bank send you a bounced check notification? This would be separate from your statement. Who do you bank with?

I'm all right, Jack. Keep your hands off of my stack! - Pink Floyd


Unregistered

Sub: #4 It is Henry County Superior Court II , Indiana I was told by Sun, 02/17/2008 - 04:37



It is Henry County Superior Court II , Indiana

I was told by the court that even if I go pay them I still have to show up for court. I never did get anything in the mail from them saying that I had a bounced check out. They never sent me any kind of letter or anything.


erb1953
erb1953
Posts: 103
Credits: 1666.4 Send message to erb1953

Sub: #5 If you have the option to go and pay the check, then I would do Sun, 02/17/2008 - 04:31



If you have the option to go and pay the check, then I would do that. Call or visit the place where you wrote the check and try to get it cleared up, they may even drop the charges.

Are you saying that you got no prior warning about this bouncing? Normally they will contact you in an attempt to clear it up because these measures cost them time and money too. They should have sent you a registered letter or some type of communications to alert you that the bounced check was there at their store.

contact them and see if you can get this cleared up and they may drop the suit.

Also you should leave your state and town information here as the other posters have stated, then they can come along and give you much more detailed information about how your state handles issues like this. but in the meantime, give the place a call or a visit and try to get this taken care of prior to court.


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