Legal Question in Criminal Law in New Jersey

Post dated Checks for a loan

Hi,

I had borrowed an amount of $ 10,000 from an individual. I had given him 4 POST-DATED checks in return. I was unable to pay the loan.

He retained a lawyer and filed a civil suit and has a judgement. Since I am unable to pay, they went to the police and filed a criminal complaint.

The township sent it to the prosecutor at the Superior court who sent the case back to the municipal court. They have filed a criminal case against me.

My understanding of the law for bad checks is that in NJ you must know at the TIME of WRITING the check that it will not be honored to be guilty. From my limited knowledge, I also know that post-dated checks are excluded (for obvious reasons). The prosecutor and the other individuals attorney are taking the position that they deposited the check after the date on the check and therefore the post dated check rule does not apply.

I need help. Please advise. If you are a lawyer near Trenton, I would like to contact you with the possibility of retaining you.

Thanks


Asked on 9/17/08, 5:57 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Post dated Checks for a loan

I've been down this road several times. I actually just had a client retain me in this same situation but before all of this happened with the police. I practice in Mercer County and my Mercer County office is in Monroe (yes it is Middlesex County, but it is used for Mercer clients as it is right of Turnpike exit 8a).

Feel free to call me at 732/247/3340 to discuss your case.

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Answered on 9/17/08, 6:19 pm
Gary Moore Gary Moore Attorney At Law

Re: Post dated Checks for a loan

You have a solid defense. I am not a lawyer near Trenton, but I cover all of New Jersey and will appear in any New Jersey court on a criminal matter.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

201/602/8090

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Answered on 9/17/08, 6:54 pm


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