Wal-Mart

[DIXIEMARY]

What is the name of your state? GA

My husband and I are due to go to Court on October 12, 2005 in the local Magistrate Court. We know this because he had to turn himself in to the local sheriff a week or so back for a check that was written to our local Wal-Mart in May.

During the months of March, April, May and June, our Bank of America account experienced unlawful withdrawals by means of Identity theft. Since this happened, we immediately froze our account and switched banks.

We were never notified by Wal-Mart of the bad check until the day the deputy showed up at my father's home. OK, you are probably wondering..."Her father's home?" Well, we resided with my father over three years ago. We purchased a new home in 2002 and notified the Post Office, all bank(s), creditors, etc. of the new address. My father, who is 80 years old, who has dementia, allegedly signed for a letter from the Wal-Mart. Why Wal-Mart sent a letter there...we have no idea....as we have not seen the check. WE never saw this letter. My father, since he has dementia, DOES NOT have any recollection of doing this.

Ok, here is the kicker....WHEN WE found out about the check...we immediately called the Accounting office at the store...told them on FIVE (5) SEPARATE OCCASIONS that we would come in a pay the check....to keep my husband from going to jail. They said NO each time. YOU SEE, he was due to Enlist in the Military (I should say ReEnlist) on October 4, 2005. Because of Wal-Mart's inability to take our money....they said there was NOTHING THEY COULD DO as IT WAS OUT OF THEIR HANDS..CORPOARTE WOULD NOT ALLOW IT??????...Now, I worked for a judge for several years....I do recall businesses, people, etc. recalling warrants when things are worked out. We explained to them about my father (which, by the way, Wal-Mart is the one that told us he signed after the Deputy told us where the check had bounced at)., we also told them that since there is a warrant, my husband having to go to jail,that the Military would not allow him to join.....SOMEONE PLEASE HELP US!!!!

My husband and I WANT TO CLEAR THIS DEBT....WITHOUT HAVING TO GO TO COURT!!!! My husband wants to join the miliary....but because of Wal-Mart's lack of cooperation....he can't. We only have a week left...any suggestions????

Mary

[Kane]

You need to talk to the prosecutor, not WalMart.

Talk to him on or before the court date, explain the situation, and ask him to dismiss the charges in exchange for restitution (paying the check back).

Where I live, once the case is filed restitution is paid through the prosecutor's office, not direct to the merchant. Find out how it's done where you live.

The prosecutor is in charge of the case, not WalMart.

[DIXIEMARY]

Wal-Mart is the Prosecutor......that is what I mean by talking to them several times......the courts say they can't do anything unless the woman from wal-mart dismisses......and wal-mart is saying ....Corporate won't allow.....My husband's (our families) future is at stake here. No Attorney in this area will even talk to us...let alone...represent him....I guess Wal-Mart is WAY TO BIG for their britches (the attorneys).

Any ideas?? Should we contact the local media?

Mary

[seniorjudge]

Originally Posted by DIXIEMARY

Wal-Mart is the Prosecutor......that is what I mean by talking to them several times......the courts say they can't do anything unless the woman from wal-mart dismisses......and wal-mart is saying ....Corporate won't allow.....My husband's (our families) future is at stake here. No Attorney in this area will even talk to us...let alone...represent him....I guess Wal-Mart is WAY TO BIG for their britches (the attorneys).

Any ideas?? Should we contact the local media?

Mary

My ideas are for you to pay the check off by having the cash in hand when you go to court with your lawyer.

Wal-Mart is not the prosecutor; and you can hire an attorney if you pay that attorney.

[DIXIEMARY]

That is what we are planning todo....the thing is...my husband WILL NOT BE ALLOWED to serve his country if this is not dropped....paying the check is not a problem...it is getting the court to drop the charges....dismiss the charges.....and accroding to the Magistrate Court (they told us thisand the name of the person who sought the warrant).....WAL-MART is the prosecutor....or should I say, the Manager....Magistrate Court, I believe, is same class as small claims court.

[DRTDEVL]

It does not have to be dropped for him to enlist, the proceedings just have to be complete.

As long as all Court-required sanctions have been taken care of, he will be allowed to join.

Most likely, the Judge will enter a nolo-contendre plea, and order him to pay the plaintiff on the spot, + costs to the court. Depending on local policy, he may pay the entire amount to the court (and they pay the plaintiff), or he may end up paying the costs to the court, and the restitution to the plaintiff in the courtroom.

Whenever everything is paid, send him back down the the Recruiting office... BTW: I am a Recruiter, therefore, I have the first-hand knowledge of the process, as well as AR 601-210 to back me up.

[hittingrabbit]

That Walmart store seems not to be telling the truth
Corporate office does not control how a store handles returnend checks that have insufficiant funds,and usually has only a general control.
Because state laws vary widely in multiple jurisdictions.
(I know because a relative of mine works in the office in charge of insufficiant funds,for a Walmart Super center)
A stores first objective is to give ample oppourtunity to contact the individual responsible for writing the check.
They usually attempt contact from last known address.
They cannot use a crystal ball to locate you if you no longer reside there.
Even though the post office may have been given a forwarding address,the post office may still deliver the mail to a valid address,though the name of a person may not reside there any longer.
It is very rare I beleive that Walmart presses an issue because of an unpaid check,unless the person(s) had repeatedly wrote bad checks,also it depends upon the amount of the check.
But a discretion may be used per store.
Once a Walmart store submittes the check to the magistrate the remedy involved is usually the full payment of the check,and any fees,etc involved.
Also seeing as how it is being done under the magistrate its not as seriouse as one would think.
The time period of the bad check may have very well playd a part that could have allowed prosecution for fraude which would carry a possible jail sentence.
Nevertheless the Constituion allows for a presentment,or indictment of a grand jury prior to any prosecution for fraude.
Durring that process a jury would hear the complaint,and evidences,and rebuttles and decide whether a prosecution is appropriate by willfull fraudulant activities.
If the jury gives a recommendation to go ahead then a new jury selection would take place,and later the actual trial.
I defaulted once years ago on a loan(according to the terms,I missed 1 payment)and was sent notification from the magistrate,the remedy was simply to pay the amount,and that was it.
and by the way the loan company was shut down later for fraude,ironic isnt it!

[DRTDEVL]

WM policy here is to send a letter out to the defendant. If they do not pay within 30 days, they submit to the State Attorney's office for prosecution. Policies differ state-to-state.

[mycarlb]

It depends upon the amount of the check and the store manager at all Wal-Marts...I used to be an assistant manager with a store in Rochester NY, and we wrote off more checks than you could count due to insufficient funds. If a check is over a certain amount (our store was $500) then we would prosecute. It is way too time consuming (in Wal-Mart's opinion) to go after everyone, so they pick out a few here and there.

All you have to do is ask your court appointed or private attorney to work with the DA and get a diversion or ACD(adjournment in contemplation of dismissal)... this will allow you to make restitution, and if your husband stays out of trouble the charges will be dropped... a lot of bad checks get worked out this way... but call 1-800-walmart and press the number to speek with corporate office... they can tell you more than your hometown store can.