What is the name of your state? Wisconsin
Hi, my husband and I stayed in a hotel for a month while we were looking at houses across the state. We had it set up with the monthly rate, knew the manager, etc. Well every week he would charge our credit card for the amount we stayed there, he didn't charge it all at once. The second week our credit card declined, and he asked for cash or a check. He accepted a post-dated check for the next week, which cleared. When we left, we gave him the rest of the money in another post-dated check, which he agreed to hold and did hold till a month later. On the memo of the check it says in big letters "DO NOT CASH UNTIL 9/30/06", which he did. However, it bounced. We offered to pay in payments and he refused, taking it to the DA. The DA just sent a letter saying we need to pay it in 5 days or face a criminal complaint and summons or possibly a warrant. I was under the impression that you could not be prosecuted for post-dated checks, as that is a civil matter, not criminal, and is an extension of credit. I have a reciept for 08/29/06 showing amount paid with check, and on the check it says "do not cash until 09/30/06, and my bank shows he did not attempt to cash until that time. So I don't understand how they can prosecute! Is this legal? Should I get a lawyer? Are they just trying to scare me?