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solo

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I wrote a check with an account that was closed. I asked them not to deposit it because I didn’t have the funds available. It was for proof of auto insurance, which I couldn’t provide until the next business day. I just needed to bring proof of insurance by closing (9:00P.M.) on the next business day, at which time I would be given the check. I then signed an agreement stating they would not deposit the check if I followed through with my part of the agreement. I then was able to drive the car off the lot.
On Monday my insurance agent faxed the information they requested. I then called So. Cal Auto and asked to speak to the manager to make sure, that if they had everything that was required, I'd be able to send my friend down to pick up the check. They then told me that the check was filed in the financial department and that I’d be able to pick it up the following day. I requested that the manager make note of my call, including my request that the check not be deposited: he said just come in tomorrow and it will be ready. I informed him that I’d be working and would it be ok for my friend to come in and pick it up: he said that it didn’t matter.
The next day, my friend went down to get the check however, the financial department was unavailable. The manager stated that when they returned, they would be able to locate the check, or we could request that they dispose of it. My friend said that we’d be down sometime soon to collect the check, not to destroy it because we wanted to make sure it wasn’t deposited.
As a result, detectives from the Sheriffs Department are searching for me for questioning and that a warrant would be issued if I did not return their phone calls resulting in felony charges and/or imprisonment. At this time I felt I should consult an attorney prior to any questioning.
(I am not late for any payments, infact I have another two weeks before my payment is due. So why am I getting the shaft? I have every intention of paying off this car so why because of their mistake am I getting harrassed?


Thank you for your prompt response to this request.



Shannon Thomas
(626)367-7214
What is the name of your state?ca
 


Dandy Don

Senior Member
Your posting is a bit confusing. If the account was technically closed, then you committed fraud by writing an insufficient check when you knew there was not enough money in there at the time you wrote it.

How could you expect to put money into the account (the next day or at any time in the future) if the account was closed? Why couldn't you wait a few days until you actually had the money in the account to cover this expense? If you can somehow get the funds soon to cover this chec, it would be best to try to get this taken care of without having to go to court.
 

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