Legal Question in Credit and Debt Law in California

dishonored check

I applied for a cash advance loan for $250 at check cashing establishment,the check was to be paid on Oct 11, unfortunately my car broke down a few days before(this can be verified) this so i had to make a stop payment on the check. Also I was just laid off on Oct 19, 2003(this can be verified)I'm pretty sure they had referred me to the Califonia check restitution program, despite writing them to allow me to make partial payments instead. I had a hard time contacting the accounts manager by phone, the reason for me writing a letter instead. I realize I face criminal prosecution, is there any way I can prevent this? Since I am currently unemployed is there any way for me to get legal assistance?


Asked on 10/27/03, 11:44 pm

3 Answers from Attorneys
Joseph Richardson Borton Petrini LLP

Re: dishonored check

I would be surprised if they criminally prosecuted you, unless you have a lot of bounced checks. Think about it--the prosecutor would have to spend thousands prosecuting you on a $250 check. Wouldn't make sense. I would consult your local legal aid foundation to talk to an attorney. Also, keep copies of all letters you've sent, etc. along with what they've sent you. And continue to communicate with the cash advance place if you can. Either do all your communication in writing or confirm what is said by phone in a follow-up letter so that the record will be clear for whoever may need to see it down the road. Also, the cash advance place knows that some money is better than no money and your earnest attempts to deal with the situation will be good.

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Answered on 10/28/03, 12:38 am
Reza Bavar PISHVAEE & BAVAR

Re: dishonored check

They will most likely not prosecute, and if they do it won't go far. . . they'll most likely work out some sort of deal, but again prosecution is unlikely here. If you are prosecuted you will have access to a public defender, otherwise you can usually get legal assistance at various legal aid foundations in Southern California. . .

Good Luck.

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Answered on 10/28/03, 1:15 am
Siamak Pishvaee Pishvaee & Bavar

Re: dishonored check

If you are in LA district attorney if contacted will force you to pay the 250 plus appx 200 fine and attend a bad check writer class

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Answered on 10/28/03, 2:11 am


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