Legal Question in Criminal Law in Minnesota

Bad Check Question

I wrote a check to a friend of mine to pay for a debt on an old acct my accident. Now she wants all the money or she said she wil press charges for the bad check. What are my rights and if she does press charnges what happens? She says I will be arrested on the spot. I am in Minnesota. Thanks.


Asked on 12/04/08, 4:01 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Bad Check Question

Minnesota Statutes Section 609.27, subd 1 (5) makes "coercion" a crime, "a threat to make or cause to be made a criminal charge, whether true or false ... "to do any act..."

On the other hand:

1. There is probably some risk you could be charged with issuing a bad check, which would be costly to you if it did happen - and typically require payment to her of "restitution," along with a criminal record.

2. If you wrote her a check for a debt you owe, she could also sue you civilly in court (small claims court?) on the check alone. The practical thing may be to pay her the money, with a good check and to get and save a receipt from her.

FFI: http://www.liberty-lawyer.com/home.html

http://www.liberty-lawyer.com/theftandpropertycrimes.html

or call me.

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Answered on 12/04/08, 5:44 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Bad Check Question

If your friend is not a merchant who is in the business of selling goods, chances of criminal charges are slim since criminal charges are rarely filed when there is an adequate civil remedy at law. She may be able to sue you civilly in small claims (conciliation) court for the unpaid funds.

For Minnesota issues visit MinnesotaLawyers.com

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Answered on 12/05/08, 9:33 am


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