Legal Question in Credit and Debt Law in Pennsylvania

I ended up getting a bad check I sold something the check was sent to me and now I'm in debt to the back can I go to hail if I have no means of paying the debt I mean I will pay it im in the process of getting a job and I have court for it in 2 days could I be sent to jail


Asked on 1/26/16, 8:27 am

2 Answers from Attorneys

Greg Artim Morrow & Artim, P.C.

This is a non-sensical question. It sounds like you are asking if you can go to jail for a bad check. Yes, you can. You do have the right to cure the bad check though. Get the money to make the check good.

Read more
Answered on 1/26/16, 8:55 am

No, you cannot go to hail or jail. This does not sound like a bad check case. A bad check is where you write a check that is drawn on a closed bank account or there are insufficient funds to honor the check. In that case, most counties have a process to follow - the merchant has to write you a letter and if you still do not make good on the check then yes, you can be prosecuted.

In your case, it sounds like someone SENT you a bad check, you deposited it and used the money only to discover that the check was no good several weeks later. The bank reversed the check deposit and now you have a negative balance in your account. In that case, the bank is suing you for the amount owed back to the bank. The bank will get a money judgment. But its not a bad check situation.

Why did you not take care of this before? Why did you not take steps to ascertain the check was good? Why did you not set the alleged deposit funds asside until sure that the funds were really there? This is an old old scam. Evidently the thieves are still using it.

You need to get an agreement worked out with the bank. Get the agreement in writing as to what you will pay and when. Make your payments at least $100 - you can always pay it off quicker, but try to pay at least $100. And get it in writing that the bank will not try to execute for as long as you make your payments. You can try settling, but you got the money and banks are not always eager to settle in these kinds of situations.

Read more
Answered on 1/26/16, 6:02 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Pennsylvania