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what rights do i have???

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jennalee66

Guest
virginia; this is a long and i do appologize. i am renting a house from a man who lives in pa. and am paying 400.00 a month in rent. in oct. of 2001 one of my checks had bounced and only because my pay went in a day late. i paid the man for oct plus fees. i then rec a letter a few weeks ago and the man i rent from is holding my checks and even put in the letter the check #'s that he is holding. he also told me that i had to send him a money order or cashiers check and told me that he wouldn't cash the checks. i was going to do that and then learned from the bank a couple days ago that he put the oct. check through the bank. then the man that manages his rental properties went around telling everyone the day before yesterday that i was going to be arrested and my son was going to be put in a foster home. last night a couple of cops came and said they had a warrant for my arrest. they wouldn't tell me why and never read me my rights. when i got to the jail they told me it was for fraud that i wrote a check to the landlord knowing that i didn't have the money. ihave proof that the money was in the bank, and i honestly didn't know that my check would be a day late going in. i never intentionally would have wrote a bad check. i was let out of jail on o/r. I do have a letter that the landlord sent stating he was holding my checks. what rights do i have and what do i need to do?
 


JETX

Senior Member
Virginia:

"§ 18.2-183. Issuance of bad check prima facie evidence of intent and knowledge; notice by certified or registered mail.
In any prosecution or action under the preceding sections, the making or drawing or uttering or delivery of a check, draft, or order, payment of which is refused by the drawee because of lack of funds or credit shall be prima facie evidence of intent to defraud or of knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company or other depository unless such maker or drawer, or someone for him, shall have paid the holder thereof the amount due thereon, together with interest, and protest fees (if any), within five days after receiving written notice that such check, draft, or order has not been paid to the holder thereof.
Notice mailed by certified or registered mail, evidenced by return receipt, to the last known address of the maker or drawer shall be deemed sufficient and equivalent to notice having been received by the maker or drawer.

If such check, draft or order shows on its face a printed or written address, home, office, or otherwise, of the maker or drawer, then the foregoing notice, when sent by certified or registered mail to such address, with or without return receipt requested, shall be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not.

When a check is drawn on a bank in which the maker or drawer has no account, it shall be presumed that such check was issued with intent to defraud, and the five-day notice set forth above shall not be required in such case."

"§ 18.2-185. Evidence and presumptions in malicious prosecution actions after issuance of bad check.
In any civil action growing out of an arrest under § 18.2-181 or § 18.2-182, no evidence of statements or representations as to the status of the check, draft, order or deposit involved, or of any collateral agreement with reference to the check, draft, or order, shall be admissible unless such statements, or representations, or collateral agreement, be written upon the instrument at the time it is given by the drawer.

If payment of any check, draft, or order for the payment of money be refused by the bank, banking institution, trust company or other depository upon which such instrument is drawn, and the person who drew or uttered such instrument be arrested or prosecuted under the provisions of § 18.2-181 or § 18.2-182, for failure or refusal to pay such instrument, the one who arrested or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to have acted with reasonable or probable cause in any suit for damages that may be brought by the person who drew or uttered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where it was refused, and then waited five days after notice, as provided in § 18.2-183, without the amount due under the provisions of such instrument being paid."

"§ 19.2-270.3. Admissible evidence as to identity of party presenting bad check, draft or order.
In any prosecution under § 18.2-181 or § 18.2-182 for the presentation of a bad check, draft or order, the following shall be admissible in any proceeding, hearing or trial of the case:
1. The unpaid or dishonored check, draft or order, bearing a notation thereon of the full name, residence address, home telephone number, and either the driver's license, social security or other governmentally issued identification number of the person who delivered such check, draft or order to the payee, the cashing party or
its representative, and bearing the initials of the representative of the payee or cashing party to whom the check, draft or order was delivered, as evidence that such information was transcribed on such check, draft or order at the time of such delivery; or
2. A composite photograph of the check, draft or order, and of the person delivering such check, draft or order, and of other documentation identifying such person, such as a driver's license, social security card, or other governmentally issued identification card, taken together at the time the check, draft or order was delivered by such person to the payee, the cashing party or its representative.

If such evidence is introduced, it may invoke an inference sufficient for the trier of fact to find that the person whose identifying information appears on the check, draft or order was the person who delivered the check, draft or order in question to the payee, cashing party or its representative."

"§ 8.01-27.1. Additional recovery in certain civil actions concerning checks.
A. In any civil claim or action made or brought against the drawer of a check, draft or order, payment of which has been refused by the drawee depository because of lack of funds in or credit with such drawee depository, the holder or his agent shall be entitled to claim, in addition to the face amount of the check (i) legal interest
from the date of the check, (ii) the protest or bad check return fee, if any, charged to the holder by his bank or other depository, and (iii) a processing charge of twenty-five dollars.
B. Any holder of a check, draft or order, payment of which has been refused by the drawee for insufficient funds or credit, who charges the drawer amounts in excess of those authorized in subsection A on account of payment being so refused shall, upon demand, be liable to the drawer for the lesser of (i) twenty-five
dollars plus the excess of the authorized amount or (ii) twice the amount charged in excess of the authorized amount."

"§ 8.01-27.2. Civil recovery for giving bad check.
In the event a check, draft or order, the payment of which has been refused by the drawee because of lack of funds in or credit with such drawee, is not paid in full within thirty days after receipt by the drawer of written notice by registered, certified, or regular mail with the sender retaining sufficient proof of mailing, which may
be a U.S. Postal Certificate of Mailing, from the payee that the check, draft or order has been returned unpaid, the payee may recover from the drawer in a civil action brought by the filing of a warrant in debt, the lesser of $250 or three times the amount of the check, draft or order. The amount recovered as authorized by this section shall be in addition to the amounts authorized for recovery under § 8.01-27.1. No action may be initiated under this section if any action has been initiated under § 18.2-181. The drawer shall be obligated to pay the cost of service and the cost of mailing, as applicable."
 
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loopgaroo

Guest
OK jennalee;

NOW do you understand that you have to screen your landlord as well?

And if you have no lease then why are you staying there...??????

and why havent you used this thingy called a computer and do you banking online?

you would have known in just a few short minutes the money wasnt there.

You gotta get on the ball girl.....the landlord is a REDNECK and you have to one step ahead of him.

So why havent you moved??????
 
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jennalee66

Guest
Well Looparoo, it is like this...i am looking for a place to live and if i had a computer at home i would do the online banking, but is hard to have one when your raising an 8 year old by yourself and paying rent, not to mention other necessities. and i am trying to get on the ball and move. funny thing is that he is holding all these checks and waits till the last min. to let me know and the $ is in the bank for them. so to be able to stay there i was going to send a cashiers check then next thing i know i am being arrested for fraud and the other funny thing is that he cash's one of the checks the day before he has me arrested ( i guess to make the trip from pa to va to sign the warrent)
jennalee
 

JETX

Senior Member
Don't humor 'loopygoo'. He is just a reincarnate of an old idiot who has been kicked off this forum numerous times... under numerous names.
 
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jennalee66

Guest
i don't know much about the law, and was wondering if it was legal the way he is handling things. he was sent the money for the rent, opted to keep the checks and not cash them. i have lost work because of it. now i am forced to move and having a hard time finding a place. i am just now waiting for him to start putting the other checks through the bank and then take me to court for fraud again.
 

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