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  #1  
Old 11-22-2005, 06:46 PM
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check restitution


What is the name of your state? Mississippi

I've been informed that a check I wrote 1 year ago has not been honored. It's for approximately $3,500. I thought this was taken care of. I want to honor the check and pay whatever fines are applicable. But I'm now living out of state due to recent hurricane. MS court says I can't JUST send money in. I have to appear in person. Why can't I just pay this debt off plus the fines? I've lost my home and am living out of state.
  #2  
Old 11-22-2005, 06:55 PM
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Quote:
Originally Posted by 1reporter
I've been informed that a check I wrote 1 year ago has not been honored. It's for approximately $3,500. I thought this was taken care of. I want to honor the check and pay whatever fines are applicable. But I'm now living out of state due to recent hurricane. MS court says I can't JUST send money in. I have to appear in person. Why can't I just pay this debt off plus the fines? I've lost my home and am living out of state.
Your post isn't clear, but it appears that a judgment has been rendered against you for this check. Is that correct??
If so, then simply contact the judgment creditor or the court and get a total amount owed (judgment plus interest plus fees). Then, send the judgment debtor a certified check (by certified RRR mail) in that amount requesting that the judgment creditor return a signed satisfaction of judgment.
Keep copies of ALL correspondence.
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  #3  
Old 11-22-2005, 11:51 PM
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The post to me reads as a criminal matter. If the court wants you to appear to pay fines -- do it.


DC
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  #4  
Old 11-24-2005, 09:20 AM
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The court does want me to appear and pay the fines, etc. I have the money. I want to pay it. But I'm unable to get to Mississippi to appear in court. I lost my home in Hurricane Katrina and am now in Texas and don't know when I can return.

Do you know if there's anything I can do? Can I just send a certified check IN GOOD FAITH and hope they'll accept it and cancel any warrants without my appearance - due to the circumstances of my living in a camper in Texas?
  #5  
Old 11-24-2005, 11:10 AM
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This i going to be a discretionary matter for the court. Since you speak of "warrants", it would appear that DC is correct, and it's being treated as a criminal matter. If that's so, it's possible that a separate criminal violation could arise from your failure to appear.

If you could manage to appear but it's inconvenient, appear. Based on the amount of the check, this could already be a felony matter. If circumstances absolutely prevent you from appearing, there's no question. Send the money, preferably by cashier's check or money order, and a brief letter of explanation. In the same letter, ask the court to continue the appearance date and/or inform you of what action is now being taken instead. Keep a copy of both and include a self-addressed, stamped envelope. The possible result of a non-appearance could be a new criminal warrant, but courts have made allowances for these situations and this one might. If there's no choice, you can only try to mitigate the problem.
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