• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Bounced rent check = larceny?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Nathaniel

Junior Member
What is the name of your state?What is the name of your state? Massachusetts

I've been living in the same apartment for nearly 10 years, and have never been a problem tenant. But I recently hit some financial tubulence, and in March, for the first time, I bounced a rent check. Again, this is after nearly 10 years of successfully and promptly paying the landlord. I decided I'd better move into a less expensive place, and will be moving in early June (my current lease ends at the end of June). My intent was to pay the debt owed to my old landlord AFTER I had moved into my new place (again, I'm rather strapped for cash and moving into a new apartment in this area usually requires at least three months worth of move-in monies).

Needless to say, my landlord has begun eviction precedings against me, and, even if I didn't move, I suspect a court would soon order me to do so (for non-payment of rent) in the near future. I'm not overly worried about this situation, as I'm not facing imminent homelessness (again, I've already found a new place to live).

Today, though, I heard for the first time from my landlord's lawyer, who is attempting to collect the upaid three month's rent. One of the first things out of this mouth was his contention that a criminal complaint for larceny could be filed against me because of the bounced check. My question is: Does this sound like typical tough guy collection tactics, or could I really be facing CRIMINAL charges?
 
Last edited:


I

itsacatsworld

Guest
Maybe in Mass they call it larceny but YES bad checks will land you in criminal court. Depending on the amount in different states it can be a felony. Its a serious matter dont put it off.
 

twistedtruth

Junior Member
how much is the check for? For a bounced checked they would have to refer it to the district attorney which with them they will send u a letter saying u have 15 days to pay them before they prosecute you. An attorney can only sue u for the money. The reason i asked the amt. is b/c anything under $1000 is a misdemeanor and if its your first offense u can get defered probation one year and 80 hours community plus amt of chk, court cost, and they can award him a restitution of up to amt of check. Anything over 1000 is a felony 1-3 yrs. I've had my share of hot checks so trust me the attorney can not press charges the district attrny has to and they will send u notification first! To buy yourself time u can not argue with the attorney try to lead him on to thinking u r going to pay tillu get out then get the money ready for when u get the letter from the district attorney. They will add on 50.00 to amt of check. ;)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top