Will I go to jail for my power of attorney writing a check that didnt clear?

[zackary42]

This is the story. I purchased a car from a used car dealer. I put my 2100 down and 420 a month. been paying on time for about 3 months. My insurance is about 400 a month because I'm young. Ok, to the point. I found this guy that is a power of attorney at this legal firm. I told him my situation. I only make 1300 a month and I'm struggling making payments and car insurance, my auto dealership wont work with me at all. He said that he can settle the debt. He wrote a check for 14k paying off the entire car. about 3-4 weeks later. I get a call from the repo people saying that they are coming to get my car or If i dont give it up Im going to jail that night for check fraud. First off I got a bill in the mail saying that the car is paid in full and the account is satisfied. I have NOT yet recieved another bill in the mail saying that the check was returned and that I have a NSF fee. Isnt there something in the law about Bill of Exchange? They have had repo men call all my family and even my job and my roommate. I only got 1 notice in the mail stating demand of car. It said that they will file a warrant for my arrest if i dont return the car to them by 1/10/12. My power of attorney went to court today to file a cease and desist order against them. The car and registration is in my name but they have a lien on my title and security interest. He said they shouldn't be bothering me again. The lady keep calling back from the repo collections place saying that they gonna have me locked up if I don't give them the car today. I don't have the car. I let my power of attorney hold it till he gets all this straightened out. He sent out a cease and desist order certified and sealed by court. And he is filing a lawsuit as we speak. He said they cant come after me or bother me until they get a court order, Why are they coming after me? Will I go to jail forreal or are they using scare tactics? They come to get my car but dont have a court order. They just showing me some papers with a bounced check that my power of attorney wrote. Im very scared. The dealer is accusing me of check fraud when I never wrote a check and is trying to file a warrant for my arrest. They keep saying that its (the check) gonna fall back on me when I didnt even write it. All I know is that I have a zero balance statement. Im 25 and I never been in trouble before. I have a clean record. Will I go to jail for a check I didn't write?

[matyas]

This makes no sense at all.

You have a power of attorney, who writes checks when you have no money. What account did the check get written off of?

Why did you get a power of attorney? Are you not able to handle your financial affairs?

[archy]

Look up pro bono (free) law clinics in your area usually hosted by area law schools to get free legal advice for your situation.

[chansomps]

law is different in different states/provinces/countries and you don't say where you are.

in general, what you did is organize a fraud on the lender. you knew that you weren't paying off the debt or replacing it with a debt to someone else -- that you didn't know the exact details is immaterial ; both you and the guy who signed the check conspired to commit fraud.

bank is fully within it rights to ask a judge to seize the car. further, they're within their rights to notify the DMV and have the car's title blocked to prevent transfer.

atm, the lender wants his money more than it wants to refer the case to the DA for criminal prosecution. btw, this is felony level fraud.

recommendation -- give the car up to the repo firm and take your medicine [the remaining debt] like a man. it's a lot better than going to jail.