Legal Question in Criminal Law in Georgia

Dishonored Check

I settled a law suit and had to make payments. I would make the payments out to the law firm of the plaintiff but deliver the payments to the plaintiff who would then deliver them to his attorney. One of checks for the payments bounced. I replaced the bad check with good money orders and made them payable to the attorney and, once again, gave them to the plaintiff. The attorney says not good enough and states will prosecute me for the bad check. I don't have any more money and I don't know what to do. I just left the plaintiff's house and he left a message on the attorney voice mail stating he did receive the money orders for the bad check and would deliver them himself but would not give them back to me to deliver to his attorney myself. I have copies of everything and I hand wrote notes regarding all communications. What can I do to help myself here?


Asked on 2/08/09, 12:19 pm

1 Answer from Attorneys
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: Dishonored Check

Based on the facts you presented, the lawyer has no legitimate basis to go after you for more money (assuming you have otherwise satisfied your obligation).

It is possible that the lawyer made those threats at a time when s/he believed you still owed money.

Send the lawyer an email/letter (keep copy for yourself) and document all the payments you made, especially those payments to make up for the bounced check. Asked the lawyer to return the bounced check and/or explain why s/he won't in writing. If the lawyer has a legitimate reason to expect additional money from you, s/he should be able to explain it in clear terms.

Ideally, the lawyer will back off of the threat of prosection and send the check back. If not, you want these threats in writing so that you can contact the state bar office if need be.

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Answered on 2/08/09, 12:41 pm


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