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Bad Checks.. Got served papers
- Thread starter cjudkins
- Start date
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shawnintennesse
Member
That also depends on if you settle this with the civil action.
If not it is criminal. Anything over $1,000 is a felony.
In Tennessee you have 10 days from the date of notice to pay or go to jail.
Its considered writing a bad check with intent to fraud.
If not it is criminal. Anything over $1,000 is a felony.
In Tennessee you have 10 days from the date of notice to pay or go to jail.
Its considered writing a bad check with intent to fraud.
seniorjudge
Senior Member
http://courts.mt.gov/library/topics/civ_forms.asp
The word for the day is "tweak"!
IN THE COURT OF CITY/COUNTY, STATE OF MONTANA
BEFORE , JUSTICE OF THE PEACE/CITY JUDGE
* * * * * * *
, )
, )
Plaintiff(s) ) ANSWER
)
vs )
, ) Case No.
, )
Defendant(s) )
* * * * * * *
COME(S) NOW, , the Defendant(s)
named in the Complaint and answer(s) as follows:
I don't owe them anything and demand strict proof of everything they say in their complaint.
DATED this day of , 20 .
Defendant(s) Signature Defendant(s) Attorney Signature
Address Address
Phone No. Phone No.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Answer was served upon the Plaintiff(s) or Plaintiff(s) attorney(s) by placing the same in the U.S. mails, postage fully paid thereon, addressed as follows:
Plaintiff(s) / Attorney’s Address Defendant’s / Attorney’s Signature
The word for the day is "tweak"!
IN THE COURT OF CITY/COUNTY, STATE OF MONTANA
BEFORE , JUSTICE OF THE PEACE/CITY JUDGE
* * * * * * *
, )
, )
Plaintiff(s) ) ANSWER
)
vs )
, ) Case No.
, )
Defendant(s) )
* * * * * * *
COME(S) NOW, , the Defendant(s)
named in the Complaint and answer(s) as follows:
I don't owe them anything and demand strict proof of everything they say in their complaint.
DATED this day of , 20 .
Defendant(s) Signature Defendant(s) Attorney Signature
Address Address
Phone No. Phone No.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Answer was served upon the Plaintiff(s) or Plaintiff(s) attorney(s) by placing the same in the U.S. mails, postage fully paid thereon, addressed as follows:
Plaintiff(s) / Attorney’s Address Defendant’s / Attorney’s Signature
Last edited:
seniorjudge
Senior Member
The bill is in the mail....Leinalani said:
seniorjudge
Senior Member
No, I never did do anything for either Sonny or Cher.Leinalani said:
**Update**
Called the 1-800 number and those stiffs do not want to work anything out, and will not drop the charges, or work with me what so ever.
At this point looks like there is no saving my record.
Any words of advice ? Oh and BTW thanks seniorjudge for the answer . I now have somewhat of an idea what I am supposed to fill in.
cjudkins said:
**Update**
Called the 1-800 number and those stiffs do not want to work anything out, and will not drop the charges, or work with me what so ever.
At this point looks like there is no saving my record.
Any words of advice ? Oh and BTW thanks seniorjudge for the answer . I now have somewhat of an idea what I am supposed to fill in.
Well, at this point, file your answer and go to court.
Happy Trails
Senior Member
From Montana statutes:
27-1-717
****************************.
(2) The person who issues the check, draft, converted check, electronic funds transfer, or order is liable to the payee or the payee's assignee for a service charge in a reasonable amount, not greater than $30.
****************************.
(3) The amount of damages awarded pursuant to subsection (1) must be an amount equal to the service charge plus the greater of $100 or three times the amount for which the check, draft, converted check, electronic funds transfer, or order was issued. However, damages may not exceed the value of the check, draft, converted check, electronic funds transfer, or order by more than $500.
Keeping in mind what your state allows to collect from you, the amount still seems to be correct.
#2 The $9.10 + $130 --- The $130 charge is allowed as you see above the statute states: service charge in a reasonable amount, not greater than $30. Also states (1) must be an amount equal to the service charge plus the greater of $100.
Same for #3
#4 They opted to use the treble damages + the $30 service charge. $44.96 x 3 = $134.88-----$134.88 + $30 = $164.88
#5 Same method as above. $89.89 x 3 = $269.67 add the $30 it is $269.67
#6 Again same method. $40.35 x 3 = $121.05 add the $30 it is $151.05
Well you get the picture (4,5,6 I didn't add the amount of the check, but that would be added).
Again this is what your state allows. If you have the chance to settle out of court, you should. You will have other fees that will add to this debt if it goes to court.
Happy Trails
Senior Member
If she wrote them a check for the whole amount owed, they would drop the case.Leinalani said:
Well, maybe not a check.
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