Legal Question in Business Law in New York

Check insufficient funds

My corporation owed money to a publicist office for $600, said office sent this debt to a collection office and they were asking for $800.00, in good faith we gave a check and account number to that collection office but the check bounce and they have called my office and left messages telling my that they have issued a warrant for my arrest. I am not a criminal, I am a good standing citizen and hard working person. After this check bounced I have sent a check to the publicist office for the $600 that I owed at first. Can the collection office do that?


Asked on 7/24/00, 3:49 pm

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: Check insufficient funds

If a check is written with knowledge there are insufficient funds, this is a crime. Many local police departments won't prosecute it, but others do so, quite vigorously for the local business community. The fact that you tendered a new check suggests it was not your intention to write a check with insufficient funds.

I don't know how they claimed $800 for a $600 debt. Sometimes, this includes interest or collection fees, but such sums are generally not recoverable absent an agreement by you to pay them.

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Answered on 9/19/00, 8:54 am


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