I was forced to write a bad check

[NJGonzo]

I am from New Jersey.

I was forced to write a bad check. I did not owe the guy anything but he wouldn't leave my house unless I wrote out the check. I wrote the check and let him know before he left that It was going to bounce. After he left, I put a stop order on the check. Now he is threatening to take me to court. He claims that the bounced check is a legal document that proves that I owe him the money which I still assert that I do not. What is the legalities of this? What should I do? is it too late for me or can I fight this and still win.

Thanks!

 

[BelizeBreeze]

Congratsulations!
Your post has been the second entry in the Most Stupid Post of 2005 Contest.

Please check back next year to see if you've won.

 

[HomeGuru]

I am from New Jersey.

I was forced to write a bad check. I did not owe the guy anything but he wouldn't leave my house unless I wrote out the check. I wrote the check and let him know before he left that It was going to bounce. After he left, I put a stop order on the check. Now he is threatening to take me to court. He claims that the bounced check is a legal document that proves that I owe him the money which I still assert that I do not. What is the legalities of this? What should I do? is it too late for me or can I fight this and still win.

Thanks!

**A: have you ever heard of calling 911 and asking for the police?

 

[NJGonzo]

I didn't want to get the police involved. Its a small community and the last thing I needed was the police at my door. He was mad because I broke up with him. We were dating. We had planned on going on a trip in January. He insisted that I pay him all the money to cancell the airline tickets for not only myself but him and his father too (who was also going) I said I was not responsible for anyone else but me because they could still go on the trip, I was the only one cancelling. He insisted that I write a check for the entire amount anyways.... that is the check that I am taking about. This was in October, I later found out that amount he made me write the check out for wasn't even the amount the airlines cost. He made me write the check for 400.00 and it turns out it only costs 50.00 per person to cancell. I have since paid the airline directly for my 50.00 and i hold that I do not owe him anything else, and especially not the 400.00 that he made me write the check out for. Please I need advice. Please do not tell me Im stupid, if yiu cant help me, simply move on to the next message. If you can help me, please do.... im desperate... I dont have 400.00 for him, nor can I afford any court fees etc.... Im on the verge of going bankrupt and there are collection agencies camping out my front door...

....need help in NJ.

 

[rmet4nzkx]

You should have given this information in the begining. This is a domestic violence situation for which you should really get some counseling and possibly a restraining order.
You signed the check under duress, and fearing him.
You have proof that you have paid what you owed and proof that he was trying to defraud you. Do you think he is really going to take you to court? He is pulling your chain, good thing you broke up with him.

 

[JETX]

You should have given this information in the begining. This is a domestic violence situation for which you should really get some counseling and possibly a restraining order.
You signed the check under duress, and fearing him.
You have proof that you have paid what you owed and proof that he was trying to defraud you. Do you think he is really going to take you to court? He is pulling your chain, good thing you broke up with him.

And of course, all that is legal crap.
There is NO evidence of violence.... or any physical contact.
There is NO evidence of duress.
There is NO proof of any fraud.
There IS sufficient proof to take you to court, and NOTHING to indicate he won't.

So, with that BS post out of the way.... your REAL answers, though you may not like to hear them:

After he left, I put a stop order on the check. Now he is threatening to take me to court.

And he can take you to court. After all, anyone can sue almost anyone else over almost anything. However, the mere fact of a lawsuit doesn't mean he will win.

He claims that the bounced check is a legal document that proves that I owe him the money which I still assert that I do not.

Sorry, but he is correct. The court will simply see that you wrote the check and very likely consider that as sufficient to show that you agreed that an obligation to pay existed. Of course, they will hear your story as to the circumstances of the check and may, or may not, agree.

What is the legalities of this?

See above.

What should I do? is it too late for me or can I fight this and still win.

Based solely on your post, at best, you are in a 50-50 position. Sit down NOW and write out a detailed chronology of what happened, who said what, etc. (you may need it if it goes to court). I would also ignore any further contact with this person until such time as (IF?) he serves you with notice of a lawsuit (he has up to six years to bring an action for breach of contract in NJ). Save ALL of your records for at least that long. If he does in fact sue you.... then you will have to rely on your 'chron log' and present your case to the court.