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How can an honest mistake become a felony?

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wbillings313

Junior Member
What is the name of your state (only U.S. law)? Florida

My wife received a phone call from a gentlemen today stating that he was being asked to contact my local (Okaloosa) county to serve her papers and an arrest warrant because of a bounced check ($27) from approximately 10 years ago. The arrest warrant is in relation to the fact that shortly after she closed her checking account because she moved with family out of state. She says that she was unaware of the bounced check upon leaving. Because of that, it looks like intent to commit fraud.

She was living in Alaska at the time, moved to Utah. This is where she met me and we where married. Because I am active duty military, I went to Korea and she went back to her original address (her mom was still living there) and then we both moved to Portugal. Then two years later we moved down here to Florida. Because of all this, apparently the company could not track her down, until now...four years after living in Florida.

She had another check bounce from the exact same time, and was able to settle that years ago. Upon the same time, my wife attempted to settle this check by contacting the company who held it. However, she repeatedly hit dead ends because it bounced from one collection agency to another. We where never able to settle this.

Now, they are saying we can make an offer to settle out of court. The offer included a $577 restitution, plus attorney fees. Now, they wanted me to make an offer prior to showing me anything. The gentlemen transferred me to a mediation office that would work out the possible settlement. However, that mediator apparently worked for the company that is current holder of the check. He said they had closed the case, but he could attempt to reopen it to make a settlement. However, no one wanted to show me the check or any proof that the people I was talking to had the legal right to that money or that they could push for criminal charges!

SO, we know the check is in her history. However, we don't know if these people are scammers that just did a lot of research into my wife's history to scam us out of a grand, or if this is legitimate. Should I settle and pay the money, or wait to see if the warrant is true and follow it through to court?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida

My wife received a phone call from a gentlemen today stating that he was being asked to contact my local (Okaloosa) county to serve her papers and an arrest warrant because of a bounced check ($27) from approximately 10 years ago. The arrest warrant is in relation to the fact that shortly after she closed her checking account because she moved with family out of state. She says that she was unaware of the bounced check upon leaving. Because of that, it looks like intent to commit fraud.

She was living in Alaska at the time, moved to Utah. This is where she met me and we where married. Because I am active duty military, I went to Korea and she went back to her original address (her mom was still living there) and then we both moved to Portugal. Then two years later we moved down here to Florida. Because of all this, apparently the company could not track her down, until now...four years after living in Florida.

She had another check bounce from the exact same time, and was able to settle that years ago. Upon the same time, my wife attempted to settle this check by contacting the company who held it. However, she repeatedly hit dead ends because it bounced from one collection agency to another. We where never able to settle this.

Now, they are saying we can make an offer to settle out of court. The offer included a $577 restitution, plus attorney fees. Now, they wanted me to make an offer prior to showing me anything. The gentlemen transferred me to a mediation office that would work out the possible settlement. However, that mediator apparently worked for the company that is current holder of the check. He said they had closed the case, but he could attempt to reopen it to make a settlement. However, no one wanted to show me the check or any proof that the people I was talking to had the legal right to that money or that they could push for criminal charges!

SO, we know the check is in her history. However, we don't know if these people are scammers that just did a lot of research into my wife's history to scam us out of a grand, or if this is legitimate. Should I settle and pay the money, or wait to see if the warrant is true and follow it through to court?
I am pretty certain that he is lying about the arrest warrant. That is a tactic that some debt collectors these days are using. If there was an actual arrest warrant it couldn't be settled by paying money to someone.
 

single317dad

Senior Member
What is the name of your state (only U.S. law)? Florida

My wife received a phone call from a gentlemen today stating that he was being asked to contact my local (Okaloosa) county to serve her papers and an arrest warrant because of a bounced check ($27) from approximately 10 years ago. The arrest warrant is in relation to the fact that shortly after she closed her checking account because she moved with family out of state. She says that she was unaware of the bounced check upon leaving. Because of that, it looks like intent to commit fraud.

She was living in Alaska at the time, moved to Utah. This is where she met me and we where married. Because I am active duty military, I went to Korea and she went back to her original address (her mom was still living there) and then we both moved to Portugal. Then two years later we moved down here to Florida. Because of all this, apparently the company could not track her down, until now...four years after living in Florida.

She had another check bounce from the exact same time, and was able to settle that years ago. Upon the same time, my wife attempted to settle this check by contacting the company who held it. However, she repeatedly hit dead ends because it bounced from one collection agency to another. We where never able to settle this.

Now, they are saying we can make an offer to settle out of court. The offer included a $577 restitution, plus attorney fees. Now, they wanted me to make an offer prior to showing me anything. The gentlemen transferred me to a mediation office that would work out the possible settlement. However, that mediator apparently worked for the company that is current holder of the check. He said they had closed the case, but he could attempt to reopen it to make a settlement. However, no one wanted to show me the check or any proof that the people I was talking to had the legal right to that money or that they could push for criminal charges!

SO, we know the check is in her history. However, we don't know if these people are scammers that just did a lot of research into my wife's history to scam us out of a grand, or if this is legitimate. Should I settle and pay the money, or wait to see if the warrant is true and follow it through to court?
You're wise to resist paying money to a random person on the telephone. It would be exceedingly rare for criminal charges to be filed in the court of your current residence; if Oklahoma wants her to appear for court, they have mechanisms in place to force her to appear in their own courts. She should contact the original county in Oklahoma and talk to them.
 

not2cleverRed

Obvious Observer
You're wise to resist paying money to a random person on the telephone. It would be exceedingly rare for criminal charges to be filed in the court of your current residence; if Alaska wants her to appear for court, they have mechanisms in place to force her to appear in their own courts. She should contact the original county in Alaska and talk to them.
*Fixed it.*
 

cyjeff

Senior Member
okay, here is what you do.

I completely agree with the above. If a crime has been committed, you can't stop the cops by paying them.

But, let's play their game. Next time they call you say that, on advice of your legal counsel, you cannot talk to anyone except the arresting officers and/or the district attorney working your case.

PS This account is LONG past the statute of limitations on the check bouncing. LONG LONG past.
 

single317dad

Senior Member
PS This account is LONG past the statute of limitations on the check bouncing. LONG LONG past.
While the SoL for criminal prosecution has long expired, if the case was filed before that date and the defendant "fled the jurisdiction" (which, for lack of a better term, is what happened), then that matters not. There might be some speedy trial rule that would be violated, but even then fleeing could toll that.

Not that the person in question intended to be a fugitive, but they might be just that.
 

LdiJ

Senior Member
While the SoL for criminal prosecution has long expired, if the case was filed before that date and the defendant "fled the jurisdiction" (which, for lack of a better term, is what happened), then that matters not. There might be some speedy trial rule that would be violated, but even then fleeing could toll that.

Not that the person in question intended to be a fugitive, but they might be just that.
Eh, I can just about guarantee that its a debt collector trying to scare the heck out of the person in question to get them to pay a debt that is time barred. Its a tactic that debt collectors have been using lately. What really disgusts me is that those same debt collectors will try to find elderly relatives of someone who "might" be the debtor, and then scare them into paying the possible debtor's debts in order to keep the possible debtor out of jail.

I had a debt collector try to pull that one on me. He tried to hit me up for an alleged debt of my ex husband's that happened years after our divorce if the debt was even valid at all. He tried to tell me that the police were literally positioned outside of my ex's house to arrest my ex if somebody didn't pay the debt right that minute.
 

CdwJava

Senior Member
okay, here is what you do.

I completely agree with the above. If a crime has been committed, you can't stop the cops by paying them.

But, let's play their game. Next time they call you say that, on advice of your legal counsel, you cannot talk to anyone except the arresting officers and/or the district attorney working your case.

PS This account is LONG past the statute of limitations on the check bouncing. LONG LONG past.
Yes, but once the OP left the state, the SOL ceased to become an issue. Essentially the clock stopped running.

But, this has all the earmarks of a collection scam and NOT a criminal matter. It's likely the matter was sent to some form of collections account and this company bought the collection account and is hoping to scare you into payment.
 

signalhill

Junior Member
WOW are collectors ALLOWED to call their victims claiming there's a WARRANT OUT FOR YOUR ARREST when there isn't?

sounds pretty much like fabricating a police 'report' to me once they make such horrible criminal claims that don't even exist! :eek:
 

LdiJ

Senior Member
WOW are collectors ALLOWED to call their victims claiming there's a WARRANT OUT FOR YOUR ARREST when there isn't?
.
sounds pretty much like fabricating a police 'report' to me once they make such horrible criminal claims that don't even exist! :eek:
No, they are not allowed to do that...however the worst of the worst try
 

CdwJava

Senior Member
In doing so, what fines might collectors/creditors face?
Realistically, none.

No local law enforcement agency is going to investigate these matters as they are almost exclusively accomplished from out of state. Some states have units at the state level where unfair credit practices and aggressive collection agencies can be reported, but, unless the company has been particularly egregious to many, MANY people, the state (usually the Attorney General) is unlikely to do much of anything.

On the other hand, if an arrest warrant really does exist for the crime ...
 

signalhill

Junior Member
Realistically, none.

No local law enforcement agency is going to investigate these matters as they are almost exclusively accomplished from out of state. Some states have units at the state level where unfair credit practices and aggressive collection agencies can be reported, but, unless the company has been particularly egregious to many, MANY people, the state (usually the Attorney General) is unlikely to do much of anything.

On the other hand, if an arrest warrant really does exist for the crime ...
Suppose they refer to an (imaginary) arrest warrant in a letter and are in-state... can they be fined under FCRA or whatever?

Or even worse, suppose a creditor forges a copy of an arrest warrant for your arrest and offers to drop the (imaginary) charges only if you pay up, isn't that criminal activity? Ie, extortion!?
 

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