Legal Question in Real Estate Law in New York

Issuing a bad check when rent was already paid and I had no lease

I moved into a nightmare apt with my fiancee and young son in putnam co. NY on Nov. 30,2003 with NO lease. My fiancee paid rent then I issued the landlord a check for rent 1 week later. 2 days after issuing the check my Fiancee said he had paid so we asked for the check back. he refused and deposited it a week later so I transfered money out of my acct so it would bounce. It did then I put stop payment on it. I moved out 2 weeks later which cost a fortune and now I just got arrested for issuing a bad check... Is there a statue on him pressing charges? Should I plead not guilty and go to jury trial or plead guilty and take him to small claims court for that money back, moving fees? and what are my chances in small claims on collecting on a judgement? I also moved into CT january, am I out of jurisdiction?PLEASE help


Asked on 5/02/04, 10:28 pm

4 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Issuing a bad check when rent was already paid and I had no lease

If you are in CT, they must serve you in Ct, otherwise they have no jurisdiction.

I'm in Putnam. Feel free to contact me with any questions you may still have.

Good Luck

RRG

Read more
Answered on 5/02/04, 10:34 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Issuing a bad check when rent was already paid and I had no lease

Do not plead guilty. You did not bounce the check w/ intent to defraud the landlord. He was not entitled to deposit that check. BUT, next time, just stop pymt. Don't bounce it! As for jurisdiction, you sue in sm claims ct where landlord lives. Not sure why landlord is responsible for your moving expenses???

Read more
Answered on 5/02/04, 11:01 pm
David Slater David P. Slater, Esq.

Re: Issuing a bad check when rent was already paid and I had no lease

I find the arrest puzzeling since there was no criminal intent, merely a civil dispute.

The criminal charges should be dismissed.

You may have a civil claim for false arrest.

Read more
Answered on 5/03/04, 7:37 am
Arnold Nager Arnold H. Nager, Esquire

Re: Issuing a bad check when rent was already paid and I had no lease

You may have a cause of action for false arrest and/or malicious prosecution against the landlord.

Do not, under any circumstances, plead guilty or enter into a plea bargain.

Read more
Answered on 5/03/04, 7:42 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York