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cognative disability charged with issuing worthless checks

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bcvetan

Guest
What is the name of your state? Minnesota
I am a traumatic brain injury surviver of 1995. I 1996, I was named a vunerable adult by St. Louis County and entered as adult foster care home for 7 mths. until I returned to my self-owned business. The spring of last year, I started a production/promotion company. Successful in a handful of smaller events. I produced a bigger three day outdoor music festival. The weekend of the fesitival a number of checks were written on my business checking account. Although the money was in the account time checks was written, by the time checks were presented for payment the funds were used up. The festival was a financial disaster with no postive revenue. An arrest warrent was issued and served upon me for isssuance of worthless checks. My court date is the end of this month and my question is": Are there any statues providing an exemption to responsability of a cognative disabled individual in a situation like this ? I am on social security and have been classified disablied by the social security admionstration.
 


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loocpoc

Guest
Nope because you knew what you were doing. You might as well go into some sort of hospice or assisted living until you can get the bills paid off because they will garnish your SSI.
 

JETX

Senior Member
Let me see if I have this right.....
You are able to:
- own and manage your own business
- assuming to be able to drive
- assuming able to live on own
- assuming to be able to enter into contracts (as part of business)
- able to function pretty much independently
- manage to balance your finances (even able to know that money was in account when checks written)

Yet, you:
- collect social security
- try to excuse your 'hot checks' due to your disability!!

Sorry, not only shouldn't you get away with that as an excuse for your criminal activity, but your SSI status should be reviewed also.
 
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hmmbrdzz

Guest
Are you on SS disability or SSI? Are you going to try to claim that since you were deemed disabled in 95, and then deemed vulnerable in 96 that you are therefore assumed incompetent to manage your money and therefore wrote bad checks? Were you deemed incompetent at any time to handle your own funds -- either by a personal Dr., or by a doctor for the SS Adm.? If you were, then you've got some explaining to do to SS as to why you WERE handling your funds (and why you even had a checking account). If you weren't ever deemed incompetent to handle your funds, then you don't have a leg to stand on that I can see.

I don't know what your monthly SS is and what you are allowed to earn in addition to that before your case is reviewed (or if you are even REPORTING what you earn to SS), but you need to get busy and find out what you are required to do as someone drawing disability. When and if SS finds out (and they will find out) that you're coordinating music events (regardless of their success), they will review your case and can require you to attend VR -- and if you refuse -- they can deny you benefits. If that ever happens, you will be SOL and will have to go through the entire process again, which could take years. If you can't handle your affairs, you need to let SS know you CAN'T. Let them appoint someone to handle your money if you can't.


hmmbrdzz
 
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