Legal Question in Credit and Debt Law in Georgia
My husband wrote a check for $2,300....It was returned BUT he had been making payments on it to pay it off...We left and went out of town due to work the first week in July...The day we left is when he paid the remaining balance of...While we were out of town the people with the check put a warrant out for his arrest...There was no 10 day letter or contact made to let us know...Now he has a felony on him...I want to know if that was legal...Because even if we didnt pay the whole amount owed I thought you couldnt take any action on things like that because you have recieved payment on the returned item...Atleast thats what i was told when I tried take a warrant out>>>I am a business owner also and I recieve bad checks all the time...Also I was told that a 10 day registered letter had to be sent out...Any info would be appreciated... The state is Georgia.
2 Answers from Attorneys
People charged with felonies hire lawyers to represent them and answer questions about what was or was not done properly.
Its a felony because of the amount of the check. I don't understand. If your husband was paying on the check, why did he not have a written agreement with the payor that the check would be honored? What proof does he have to indicate that payments were made?
If there is nothing, then I don't think there is anything to stop the payor from taking out a warrant. Your husband needs a competent criminal law attorney now. A good criminal attorney should be able to get any charges reduced or dismissed especially if there has been restitution.
Many counties have worthless check programs and do require that a letter be sent. However, the face amount of the check here far exceeds the typical case and maybe the county where the check was written does not have a worthless check program or limits its application to misdemeanors only. I don't handle criminal worthless check cases so I cannot say.
Regardless, your husband needs a criminal attorney. I don't know what you mean by the fact that your husband has a "felony" on him. It does not matter what someone is arrested for. It matters what your husband is convicted of or whether he is convicted at all. As I said, a good attorney should be able to get this resolved and the charges reduced or dismissed.
However, what you should be asking is why your husband wrote a chgeck for $2300 knowing that it would be returned? That is the definition of a bad check And why did he not work out some other arrangement if he did not have the funds? I think there is a lot more going on here and the best place to discuss that is in confidence with the criminal attorney.
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