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  1. #1
    learlywine is offline Junior Member
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    Can I be prosecuted for a stopped payment on a check?

    What is the name of your state? KY**************....I have been paying off a credit card that was turned over to a law firm debt collector since August and have not missed a payment. My husband lost his job the first of May. I had a post dated check that was to be deposited on the 20th. I called the bank and asked them to stop payment on the check because I did not have the money to cover it and wanted to avoid the NSF charge. They are now calling me. I told the lady who called what happened. She said she would have her manager calll me back on Monday. Can they prosecute me for a cold check? I am planning to pay the entire amount in July when my husband gets his 401k money and I told her this.
  2. #2
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by learlywine
    What is the name of your state? KY**************....I have been paying off a credit card that was turned over to a law firm debt collector since August and have not missed a payment. My husband lost his job the first of May. I had a post dated check that was to be deposited on the 20th. I called the bank and asked them to stop payment on the check because I did not have the money to cover it and wanted to avoid the NSF charge. They are now calling me. I told the lady who called what happened. She said she would have her manager calll me back on Monday. Can they prosecute me for a cold check? I am planning to pay the entire amount in July when my husband gets his 401k money and I told her this.
    yep, sure can.
  3. #3
    learlywine is offline Junior Member
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    OK. So will they give me notice, or what? How does that work?
  4. #4
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by learlywine
    OK. So will they give me notice, or what? How does that work?
    I have no idea since I don't know "They" personally.

    I wouldn't. I would take the check into the prosecuting attorney's office and fill out a fraud complaint and let them handle it as a criminal complaint.
  5. #5
    seniorjudge is offline Senior Member
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    Quote Originally Posted by learlywine
    OK. So will they give me notice, or what? How does that work?
    Yes, you will get notice.

    The cop will say, "You're under arrest."
    There are two rules for success:

    (1) Never tell everything you know.
  6. #6
    TigerD is offline Senior Member
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    In most states, they will not prosecute for stopping payment on a post dated check. The check wasn't issued to purchase anything new, but to make payment arrangements on a past due debt.

    However, your credibility with the collection agency is shot. You will not have the option of making payments in the future. And it is very likely that if you do not pay the balance immediately, they will sue you.

    DC
  7. #7
    NYMinute is offline Member
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    I cant believe you people!!! If you don't have decent advice to give, DONT BOTHER!!!

    Debt Collector at least is honest, good or bad!!! AND CREDIBLE>>>
  8. #8
    learlywine is offline Junior Member
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    I do plan to pay the balance in July, like I said. And if they sue me, I will go to court & tell the judge that. What the collector does from there, I don't know. I am planning to pay the debt and will have the funds. I just wasn't sure if the law firm who has been hired to collect the debt can prosecute for a stopped payment on the check.

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