Legal Question in Criminal Law in Ohio
Car dealership is threatening arrest for check fraud
I recently bought a car with a $500 downpayment and a $5500 trade in. The dealership agreed to hold a check for 3 weeks but I had to write the check for the current date. We agreed and they cashed the check the next day. The check bounced and as soon as I found out I called and told them that it had to be fixed asap because I had other checks out that were now going to bounce. They said they would fix it, it took for them to cover some of the charges but in the meantime I had 5 checks bounce including my rent. I still have outstanding fees owed to me which I have had to scrape leaving us broke. In the interim I had to write another check for $500. After we found out they were not going to make good on the rest it was either starve and not have the gas to get to work plus have more checks bounce or put a stop pay on the check until the dipute we filed with the attorney general could be resolved. We put a stop pay on the check. I am more than willing to pay the difference owed but I'm not being given the chance. I am being threatened with arrest from the owner for check fraud and the only communication I have gotten from him is for him to call and yell at me. Can he have me arrested? Don't we have any rights?
1 Answer from Attorneys
Re: Car dealership is threatening arrest for check fraud
It sounds to me like the dealer is trying to use threats and intimidation to get you to pay him as soon as possible. It can be a crime to bounce a check to someone. However here your defense is that you had an agreement that the dealership would hold the check for 3 weeks to allow you to put money in the account to cover the check. By cashing the check the next day, they likely breached their agreement with you.
Your best course of action here is to contact an attorney to speak to the dealer for you. While the dealer may think he can intimidate and push you around, he won't have the same luck speaking with a lawyer.
If you have any further questions or would like to speak more specifically about your situation, feel free to contact me.
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