I bounced four business checks

Asked over 2 years ago - Delmar, NY

My Business is going bankrupt. I wrote 4 checks this week. They all bounced. I have paid back most of the value in cash to all parties. They continue to threaten to have me arrested if I dont pay quicker but I simply cannot pay quicker. Can I face criminal charges for this?

Attorney answers (4)

  1. Richard C. Southard

    Pro

    Contributor Level 19

    Answered . If you knew the checks to be bad when you issued them then yes it is a crime. If you receive any calls from detectives asking you to come answer questions, they want to arrest you. You have a 5th Amendment right to remain silent. You should exercise it.

    Richard Southard
    212-385-8600
    I am a former prosecutor who has over 15 years experience specialzing in criminal law cases.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  2. Hayley R. Greenberg

    Contributor Level 16

    Answered . I am sorry to hear about your situation. Yes unfortunately. In the future if you can't pay, it is better not to than to write a check w/out sufficient funds.

    You should contact an attorney to discuss your questions as additional information would be helpful.

    Our firm has many years of experience in this field.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply.

    Free phone consultation Monday — Thursday 1-5 pm.
    Hayley Greenberg
    Greenberg & Merola, LLP
    Attorneys at Law
    521 5th Ave. Ste. 1700
    New York, NY 10175
    (212) 593-6111, facsimile (516) 887-1720
    (Additional offices: Brooklyn, Queens, Long Island)
    www.GreenbergMerola.com

  3. Douglas Jay Lineberry

    Contributor Level 12

    Answered . Issuing a bad check in the State of NY appears to be a class B misdemeanor.

    http://law.onecle.com/new-york/penal/part3.tk.a...

    It's possible that if the prosecutor pursues the matter and a criminal judgment is entered against you that you may also have to pay restitution. The restitution debt probably would not be a debt you can discharge in a bankruptcy, should you end up there.

    The foregoing is commentary regarding a general legal question. It is not intended to be legal advice specific to... more
  4. Bryant Keith Martin

    Contributor Level 18

    Answered . Owing money is not a crime. Passing bad checks is. You must find a way to pay them back. Then don't write any more bad checks.

    DISCLAIMER—This answer is for informational purposes only under the AVVO system, its terms and conditions. It is... more

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