Charges For Giving A Bad Check

[hraefnscaga]

I had written a check and when the person went to cash it it did not clear.  My account had been frozen due to credit card debt. I currently had to file chapter13 and listed this person . I am in NY and never had a bad check charge what should i do?  I cannot afford a lawyer and have no idea as to what i am facing?

[amoz]

Tammy,

You are not clear on whether you are being sued in civil court or are facing a criminal charge so I listed the penalties for both, if you are found guilty:

The civil case penalties are: Face value of check, plus two times amount of check up to $750.

The criminal case penalties are: Up to three months in jail, or up to $500, or up to double the amount of the drawer's gain from the commission of the offense.

My suggestion is to find a way to work with the person who gave you merchandise or service and re-pay them.  If it is a criminal charge and they will not negotiate with you then apply for the services of an attorney at your local public defenders office.  They are there to help people who cannot afford a private attorney.

Best of luck.

JP