What is the name of your state (only U.S. law)? Maine
I was behind in rent due to a recent open heart surgery. I found a new place to live as I was tired paying $1175.00 a month on top of a $50 late fee every month, as I was late constantly. I tried everything possible to stick to my obligation to the lease. My lease ended on 4/01/08, and I found another place cheaper at the end of February. I advised my landlord that I will not be renewing the lease. He new that I had moved most of my stuff at the beginning of March and I was staying at the new place. I went back and forth to the apartment to get more stuff, and he would be working in there prior to my lease being up without advising me. And then I felt rushed to get the rest of my stuff before the lease ended so he could paint and get it ready for the next tenant who was moving in on April 1st. In any case, I owed him for a few months rent and want to set up some arrangement to pay that. He suggested to write some post dated checks in increments to pay off the debt. I agreed to write the checks with the intent that the funds may not be available on the day that the check is written for. I advised him that I would call him before he cashes the checks to let him know that it is ok, as I did not want additional fees on my end and his due to a bounced check. We agreed to try to resolve the debt this way. Well, he cashed the first check without hearing from me, and it bounced.
I then started to have some medical stuff arriving again, and I felt pressure financially with that.
I changed my bank account to a bank next door to my work as it was easier for me and it was during the time of the Hannaford controversy. I thought I sent him an email letting him know that my account had changed and we need to set up a new payment arrangment. Shortly after I received a certified letter stating that he wanted full payment of about $2100 by the end of May or he would take necessary action and pass the 10 checks of $150 each to the Biddeford police department for check fraud. At this time he had only cashed 2 of the checks. I responded to him on May 26th with a certified letter, reiterating that my account had changed due to the Hannaford controversy and that we need to set up a new payment arrangment. And basically advised him not to threaten me with check fraud as the checks I wrote were post dated and were only an arrangement to try and pay the debt. They were not payment on demand. I advised him to contact me so he can discuss this further. He responded to me on June 4th, and said he would like to respond to my letter now. He advised me that he was not aware that my Credit Union Account had changed. And said, "I am assuming that yourare ready to pay the full amount now. He said he would give me until June 11th to pay the full amount. Well, in the mean time, I have been in an out of the doctors trying to figure out some medical situations, so I was no completely focused to send him anything back. June 11th arrives, and he cashes all the checks, and then brings them into the Police department. The police department calls me up and request that I speak to them immediately regarding this. I go in there, and explain my situation and I am told that what I have done is a felony and is very serious.
I explained my situation, and the police officer said that I need to contact the landlord right away and work this out. He pulled out a book and had me read the offense. And basically it said that if you write the checks with intent of them bouncing. I explained over and over that was not the case. He asked for proof. I went home and retrieved everything that I saved. The certified letter explaining that my account changed and we need to set up a new payment arrangement, and the email of him responding on the 4th of June regarding my certified letter. And then I asked the officer, "when did he cash the checks." He said June 11th. The officer told me that this is no longer criminal and that it was civil. However, I am absuletly frustrated, as I beleive my past landlord tried to purposely get me on a felony. If I did not save all the information, I would be facing a felony right now.
My question would be, is there something I can file against my past landlord for trying to falsely accuse me of check fraud.?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
I was behind in rent due to a recent open heart surgery. I found a new place to live as I was tired paying $1175.00 a month on top of a $50 late fee every month, as I was late constantly. I tried everything possible to stick to my obligation to the lease. My lease ended on 4/01/08, and I found another place cheaper at the end of February. I advised my landlord that I will not be renewing the lease. He new that I had moved most of my stuff at the beginning of March and I was staying at the new place. I went back and forth to the apartment to get more stuff, and he would be working in there prior to my lease being up without advising me. And then I felt rushed to get the rest of my stuff before the lease ended so he could paint and get it ready for the next tenant who was moving in on April 1st. In any case, I owed him for a few months rent and want to set up some arrangement to pay that. He suggested to write some post dated checks in increments to pay off the debt. I agreed to write the checks with the intent that the funds may not be available on the day that the check is written for. I advised him that I would call him before he cashes the checks to let him know that it is ok, as I did not want additional fees on my end and his due to a bounced check. We agreed to try to resolve the debt this way. Well, he cashed the first check without hearing from me, and it bounced.
I then started to have some medical stuff arriving again, and I felt pressure financially with that.
I changed my bank account to a bank next door to my work as it was easier for me and it was during the time of the Hannaford controversy. I thought I sent him an email letting him know that my account had changed and we need to set up a new payment arrangment. Shortly after I received a certified letter stating that he wanted full payment of about $2100 by the end of May or he would take necessary action and pass the 10 checks of $150 each to the Biddeford police department for check fraud. At this time he had only cashed 2 of the checks. I responded to him on May 26th with a certified letter, reiterating that my account had changed due to the Hannaford controversy and that we need to set up a new payment arrangment. And basically advised him not to threaten me with check fraud as the checks I wrote were post dated and were only an arrangement to try and pay the debt. They were not payment on demand. I advised him to contact me so he can discuss this further. He responded to me on June 4th, and said he would like to respond to my letter now. He advised me that he was not aware that my Credit Union Account had changed. And said, "I am assuming that yourare ready to pay the full amount now. He said he would give me until June 11th to pay the full amount. Well, in the mean time, I have been in an out of the doctors trying to figure out some medical situations, so I was no completely focused to send him anything back. June 11th arrives, and he cashes all the checks, and then brings them into the Police department. The police department calls me up and request that I speak to them immediately regarding this. I go in there, and explain my situation and I am told that what I have done is a felony and is very serious.
I explained my situation, and the police officer said that I need to contact the landlord right away and work this out. He pulled out a book and had me read the offense. And basically it said that if you write the checks with intent of them bouncing. I explained over and over that was not the case. He asked for proof. I went home and retrieved everything that I saved. The certified letter explaining that my account changed and we need to set up a new payment arrangement, and the email of him responding on the 4th of June regarding my certified letter. And then I asked the officer, "when did he cash the checks." He said June 11th. The officer told me that this is no longer criminal and that it was civil. However, I am absuletly frustrated, as I beleive my past landlord tried to purposely get me on a felony. If I did not save all the information, I would be facing a felony right now.
My question would be, is there something I can file against my past landlord for trying to falsely accuse me of check fraud.?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?