Possible False Warrant

What is the name of your state (only U.S. law)? VA

In April (3rd) 2006 my fiance and I rented a house from a couple in VA. Rents due on the 3rd of each month with a lease. On several occasions after moving in the landlords kept coming to the house, often uninvited.

On May 1st 2006 they showed up again wanting rent money, my fiance wrote them a check post dating for the 3rd. The couple then got into a huge fight in our kitchen walking in and out slamming our house doors. We locked the doors and they continued to fight in the yard, the wife came to the door again and said she wanted us to move by the end of the week or give them more security money. I told her we would just put a stop pay on the check and be gone in two days.

The police were called and the landlords where gone by the time the deputy sheriff showed up. He said to call the magistrate, when I called the magistrate she said to look at the VRLTA.

We went to the bank the morning of the 2nd and issued a stop pay, citing the violations of the VRLTA on the stop pay. We then over night mailed a letter to the landlord reaffirming our vacating and notice of the stop pay. We were gone on the 3rd, they kept our security deposit.

Yesterday he got a letter from Social Security saying they are ending his benifits because he has a felony warrant. I called the number on the letter of the county of issue. The magistrate said that we need to call the commonwealth attorneys office to ask if they will non pros (sp?) This morning the commonwealth attorneys office said to hire an attorney they are prosecuting it and cannot drop it. Even after offering proof of everything.

At this time we really cannot afford for him to drive back to VA to be arrested then hire an attorney to go to court to show all of this. Is there any other way at all. We have copies of the letters, stop pay, proof there was in fact money in the bank and the signature card from the post office.

Be it known that we, xx xx and xx xx, residents of address, VA . Do hereby notify you of termination of rental agreement.

Termination is based upon the following sections of the Virginia Residential Landlord Tenant Act, primarily the first sub section and secondary offenses in the remaining violations of sub sections.

VRLTA
55-248.10:1

Article two

55-248.11:1
55-248.11:2
55-248.12
55-248.13

A stop pay was issued on 5/02/06 for check number 209 in the amount of 500.00 given to you for rent on 5/01/03 . The check was postdated for 5/03/06 and the memo line contained notice of agreement by both parties that it would not be cashed prior to 5/03/06 . After accepting the check and writing receipt for said check you and or your wife began to harass, yell at, threaten, demand, accuse and generally aggravate/harass us as tenants. You engaged in a loud verbal dispute in the drive way of the rental property with each other (Joesph & Helen) for full public display.

There is more to the letter if more info is needed..What is the name of your state (only U.S. law)?

Did you have a question?

futuredust said:

What is the name of your state (only U.S. law)? VA


At this time we really cannot afford for him to drive back to VA to be arrested then hire an attorney to go to court to show all of this. Is there any other way at all.

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Yes, I posed a question.

futuredust said:

Yes, I posed a question.

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"At this time we really cannot afford for him to drive back to VA to be arrested then hire an attorney to go to court to show all of this. Is there any other way at all." is not a question...

Contact an attorney in VA.
If you have a felony warrant, you'll want it to be a criminal defense attorney.

Landlords showing up uninvited is not a violation of the VRLTA.
Stopping payment on checks is NOT the way the VRLTA provides for redress.
The fact that you have money in the bank is immaterial, you prevented a validly held check from being paid. While you may not be guilty of the bad check (NSF) charge, there are other felony (if greater than $200) frauds that apply
The bogus statement you have in your boldened section is NOT the procedure spelled out by the act.

What you can afford or want to do is immaterial in light of a felony warrant. Either contract with a lawyer now or expect to be arrested at some inopportune time.

While you may be able to remedy this without criminal conviction, it is NOT a false warrant.
You need to remove your head from the sand.

§ 55-248.10:1. Landlord and tenant remedies for abuse of access.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel
access, or terminate the rental agreement. In either case, the landlord may recover actual
damages and reasonable attorney's fees. If the landlord makes an unlawful entry or a lawful
entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but
which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive
relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case,
the tenant may recover actual damages and reasonable attorney's fees.
(2000, c. 760.)


Why is it bogus?

They came into the home when and how they wanted, uninvited, thats ok? Ok to come home and find them in your home, waiting for you.

The wife told us, in her fit of rage while screaming at her husband in the front yard, to move out. We told them we would and that we would be stopping payment on the check for the rents not due until the 3rd.

I am not trying to be argumentative here, I would really like to understand.

So they tell us to move, we tell them we are, they get to keep and cash the rent check when we are no longer there?

We did not give them a check with the intent to defraud or anything else. Only after giving them the check did all of this occur. I mentioned that there was money in the bank to cover the check, to say that it was not returned for insufficient funds, it was not drawn on a closed account.

Neither of us has a criminal record, so this is foreign to us. I came here to ask if there was any other way to go about this without an attorney.

We are leaving tonight to drive the 12 hours there so he can be served with the warrant and hopefully given a court date the following day to plead not guilty. The magistrate said they would try their best to get him in the next day after I called to let them know we would be there tomorrow, and that the clerk of the court suggested we ask if they can get him in front of the judge asap.

I am only trying to find out the right way to handle the current situation.

futuredust said:

§ 55-248.10:1. Landlord and tenant remedies for abuse of access.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel
access, or terminate the rental agreement. In either case, the landlord may recover actual
damages and reasonable attorney's fees. If the landlord makes an unlawful entry or a lawful
entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but
which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive
relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case,
the tenant may recover actual damages and reasonable attorney's fees.
(2000, c. 760.)


Why is it bogus?

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Because you need to do it through the courts. Not "on your own"

futuredust said:

§ 55-248.10:1. Landlord and tenant remedies for abuse of access.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel
access, or terminate the rental agreement. In either case, the landlord may recover actual
damages and reasonable attorney's fees. If the landlord makes an unlawful entry or a lawful
entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but
which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive
relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case,
the tenant may recover actual damages and reasonable attorney's fees.
(2000, c. 760.)


Why is it bogus?

They came into the home when and how they wanted, uninvited, thats ok? Ok to come home and find them in your home, waiting for you.

The wife told us, in her fit of rage while screaming at her husband in the front yard, to move out. We told them we would and that we would be stopping payment on the check for the rents not due until the 3rd.

I am not trying to be argumentative here, I would really like to understand.

So they tell us to move, we tell them we are, they get to keep and cash the rent check when we are no longer there?

We did not give them a check with the intent to defraud or anything else. Only after giving them the check did all of this occur. I mentioned that there was money in the bank to cover the check, to say that it was not returned for insufficient funds, it was not drawn on a closed account.

Neither of us has a criminal record, so this is foreign to us. I came here to ask if there was any other way to go about this without an attorney.

We are leaving tonight to drive the 12 hours there so he can be served with the warrant and hopefully given a court date the following day to plead not guilty. The magistrate said they would try their best to get him in the next day after I called to let them know we would be there tomorrow, and that the clerk of the court suggested we ask if they can get him in front of the judge asap.

I am only trying to find out the right way to handle the current situation.

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What are the charges that they have a warrant for?

Bad check over 200.00

The landlord took the check to the magistrate and filed a bad check affidavit.

Her words were filed by private citizen.

futuredust said:

Bad check over 200.00

The landlord took the check to the magistrate and filed a bad check affidavit.

Her words were filed by private citizen.

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On May 1st 2006 they showed up again wanting rent money, my fiance wrote them a check post dating for the 3rd.



§ 18.2-181. Issuing bad checks, etc., larceny.

Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny; and, if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than $200, the person shall be guilty of a Class 1 misdemeanor.

The word "credit" as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order.

Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein.

(Code 1950, § 6.1-115; 1966, c. 584; 1975, cc. 14, 15; 1978, c. 791; 1981, c. 230.)

Virginia Code § 18.2-181 - Issuing bad checks, etc., larceny - Virginia Virginia Code § 18.2-181 - Issuing bad checks, etc., larceny - Virginia Code :: Justia



§ 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.

(Code 1950, § 6.1-117; 1966, c. 584; 1975, cc. 14, 15.)

Virginia Code § 18.2-183 - Issuance of bad check prima facie evidence of intent and knowledge; notice by certified or register... - Virginia Virginia Code § 18.2-183 - Issuance of bad check prima facie evidence of intent and knowledge; notice by cert


Did the recipients of the check follow the law?

The GENERAL rule is that a post-dated check is not really a check at all but is instead a promissory note.

Check with a lawyer on your state's laws about this general rule.

No demand for payment for insufficient funds was mailed to him.

We did receive a letter about three months after moving that said your check was stopped send us the rent for May by money order.

The warrant was issued in June 06 according to the magistrate.

futuredust said:

No demand for payment for insufficient funds was mailed to him.

We did receive a letter about three months after moving that said your check was stopped send us the rent for May by money order.

The warrant was issued in June 06 according to the magistrate.

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Ah! You stopped payment on the check.

Whole 'nother story.

Yes a stop pay was placed and a letter telling the landlord the stop pay was placed was sent certified mail as well.

After they had been in the home and to the home over the course of less then 30 days after moving in, then the irrational fight that occured between the husband and wife in the house and in the yard, we were more than happy to leave.

The wife said leave we said certainly, we will stop pay and be gone. We did exactly that.

Now he has a felony warrant for a bad check.