Legal Question in Criminal Law in Massachusetts

Insuficiant funds check criminal application

I was in business 2 yrs ago in where I wrote a check for 4000.00 for truck rental.I filed for bankruptcy do to a failed partnership and business.It turns out that I did not have enough money in the account to cover check.I did not know this at the time the owner of the place filed a criminal application against me for the check.It was supposed to go infront of the clerk magistrate but we settled for monthly pmnts.Since then i have been paying 100.00 a month which is all i can afford but owner wants to take me back to court for this.I would like to know what my rights are if any and can I go to jail for this even though i have been paying this debt off and have agreed to continue to pay every month without fail.I have never been arrested or been introuble with the law and I'm afraid of what can happen to me.


Asked on 3/31/03, 8:44 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Insuficiant funds check criminal application

The first question is what kind of business was it? Second, there may be an issue that the rental person is using the criminal process where a civil action is indicated. Then you can reach the question of the validity of the debt.

Second, a criminal act is not depended on whether you paid part or the whole of the action. You should really sit down with an attornery who would review the bankruptcy material, and wether the obligations was discharged through bankruptcy. If you did not discharge it, there may be a problem.

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Answered on 3/31/03, 9:27 pm


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