Legal Question in Criminal Law in New York

I sent a corporate check to pay off part of a loan. The amount was 7500.00. I asked them to not cash it and wired it from a personal account. I do owe them the company an additional 7500.00, that I don't have at this time. They deposited the check a month later and it bounced . They are saying that if I don't pay right away they are going to press charges for bouncing a check. My corporation is in NY and the company i owe is in GA. They are threatening me, saying I can be criminally prosecuted Can I get in trouble for this?

Asked on 9/12/11, 6:40 am

1 Answer from Attorneys

peter bark bark & karpf

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A check is not really a check unless the understanding was that it could be cashed immediately, otherwise it is a promissory note and not subject to the criminal laws. The fact that they waited 30 days to cash it shows that they were told it was not good at the time it was received. The only problem is if they lie to the police and claim they were not told to hold the check. Legally all they have is a civil action against you.

Peter Bark- [email protected]

Answered on 9/13/11, 7:25 am

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