Ratings. Guidance. The Right Lawyer.
Can I seek both civil and criminal remedies against person who wrote me a check that bounced
Philadelphia, PA
Viewed 26 times.
Posted 5 months ago in Debt Collection
Flag as objectionable
In my business deal, the final settlement which I received a 100,000 dollars post dated check for December 15, 2008. The owner of the check always asked me, do not deposit the check because he does not have money in the Bank. I checked the bank and requested to deposit Phil the check on June 10, 2009 (before six months). The check was bounced. As per PA state law it is third degree felony crime. I do not know what to do now. Should I complaint to police station or contact a lawyer.
What is the maximum punishment for this type of crime? Answers (2)
John G. Gromowsky
This attorney is licensed in Kansas and 1 other state.
Posted 5 months ago.
Flag as objectionable
There is insufficient to provide a complete response. You appear to have already researched the law and found that the person who wrote the check committed a felony. If so, file the police report. Even if your assessment of the law is incorrect, you should probably talk to the police. The person may have committed an offense beyond simply passing a bad check (e.g. fraud, theft of services, etc.). If the person is eventually prosecuted, you may be due restitution, which can be ordered by the court. (Collecting is a whole other matter.)
You should also follow your instinct to contact a civil attorney in your area. You may be able to sue for breach of contract, fraud, etc. DISCLAIMER: I am not your attorney. My response to your question does not create, nor is it intended to create, an attorney-client relationship. An attorney-client relationship is formed with John G. Gromowsky and/or The Gromowsky Law Firm, LLC only after (1) entering into a written legal services agreement and (2) paying the retainer or legal fees required by the legal services agreement. My response to your question is for informational and/or educational purposes only. By responding to your question, I am not giving legal advice. I am only licensed to practice law in Missouri and Kansas. The laws in your state may be different than in Missouri and Kansas. You should consult an attorney licensed to practice in your state if you are in need of legal advice. 
Howard Woodley Bailey
This attorney is licensed in New Jersey.
Posted 5 months ago.
Flag as objectionable
While I do not practice law in PA, in NJ the answer to your question about being able to move forward simultaneously with both a criminal and civil complaint is that this would be permitted. Like my colleague, I am unclear on several of your stated facts/conclusions, and similarly suggest that you contact both the police and a civil lawyer licensed to practice law in the State of PA. Good luck.
DISCLAIMER This response does not constitute legal advice. Given the nature of this website, it does not create an attorney-client relationship. This answer is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case. |
