Legal Question in Criminal Law in Missouri
bad check charges
A judgement was entered against me in small claims court for $3500, $1500 of that judgement was in the form of a bad check. I paid the business owner the $1500 in the form of a money order but he refused to give me the check and threatens me with prosecution every time I go into his business to make a payment on the judgement. He comes to my home, my work, and calls me and tells me he can do whatever he wants because he was awarded a judgement. Can I still be prosecuted for this check? What are my rights?
1 Answer from Attorneys
Re: bad check charges
If there is a judgment against you for $3,500 and you've paid $1500, it is unclear what portion of the judgment that payment went to. So, it is dificult to say if you've paid for the bad check yet.
however, under the facts you describe, it appears unlikely that prosecutor would bring charges where there has been a substantial and continuing payments. In fact, if the business owner were to now make a criminal incident report, they may be liable to you for that prosecution in civil court.
Good Luck
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