bad check

[huntercrk]

What is the name of your state? north carolina

if my company wrote a check for $5900.00 and the funds were not in place due to bookeeping error, the ck bounced the person whom the check was written accepted 1800.00 towards check and then a day later came back and said they wanted all their money or else? then that person went down to the magistrate to take out papers for what i dont know yet, what are the consequences? being that they have accepted money on that check and verbally agreed to 2 weeks before final payment. can they claim a bad check or money owed or what. Pls advise thank u

 

[seniorjudge]

Writing bad checks is a crime.

 

[huntercrk]

Dear senior judge?????

I am aware of what you stated in your reply. However, this is an advice column and if you dont have an answer to the question it would be appreciated if you didnt reply at all, I am looking for advice not smug remarks, this was an error plain and simple.

 

[panzertanker]

Dear senior judge?????

I am aware of what you stated in your reply. However, this is an advice column and if you dont have an answer to the question it would be appreciated if you didnt reply at all, I am looking for advice not smug remarks, this was an error plain and simple.

I will expand for you:

SJ is stating that the company wrote a bad check (a crime) and the recipient has the right to file based on the crime that was committed.

 

[huntercrk]

i appreciate the reply, however, i have heard that in north carolina, if you recieve a bad check, then you accept a partial payment on the check, then it becomes uncollectable as if u were accepting the lesser as a pmt in full. if u did accept this would it still be listed as a crime?

 

[panzertanker]

i appreciate the reply, however, i have heard that in north carolina, if you recieve a bad check, then you accept a partial payment on the check, then it becomes uncollectable as if u were accepting the lesser as a pmt in full. if u did accept this would it still be listed as a crime?

I am not familiar with NC law, and I advize you not to base any decisions on "he told me that it was ok".... including any information you receive here. Gather all the knowledge you can and possibly spend a few dollars consulting a local attorney.

 

[seniorjudge]

Dear senior judge?????

I am aware of what you stated in your reply. However, this is an advice column and if you dont have an answer to the question it would be appreciated if you didnt reply at all, I am looking for advice not smug remarks, this was an error plain and simple.

http://www.nccourts.org/Support/FAQs/FAQs.asp?Type=9&language=1

A private citizen cannot tell a prosecutor not to file a criminal charge.

 

[kcchiefs]

the district attorney will not prosecute a bad check if a partial payment has been accepted on the owed money. However, they can still sue you in small claims court. You still owe the rest of the money unless you can prove that an agreement has been made that the partial payment covers all charges.