Do I have to appear in court for a worthless check?
957195
yes you must appear in court or have legal representation, in which case you can request the lawyer shows up for you and u don't need to. In Florida, it is a 3rd degree felony to write a worthless check. I forget right now, i think that is if its more than $100... if less, i'm not sure. Keep in mind, Florida laws may vary but thats my knowledge. Seek legal representation is the best move, if u ask me.
1015586
Arrest warrants can be issued for writing bad checks because the issuer has created a fradulent transaction.  "Bad check" means a check returned for insufficient funds, stop pay, account closed, fraud, unable to locate and funds on hold.  All the payday loan company has to do is contact the police with a copy of the returned check and the police can issue a warrant.  No judge is needed for this because the returned check is proof that you've done the crime.  The good news is most payday loan companies don't contact the police....they instead take you to court.  If you show up in court and say "yeah it's my fault, but I can't pay all of it right now", the judge will put you on a repayment plan.  If you don't show up however, a judgement will be placed against you and your wages WILL be garnished.  My advise is to go to court and just pay the money back when you can.  Garnishments look horrible on your employment history.......and you definitely don't want any warrants.  Best of luck to you and great question.
770413
I assume this question is for a jurisdiction within the United States.  Answer:  Generally speaking No - when a monetary judgment is rendered against you in a civil dispute, the party that won the judgment has to go back to court to obtain a lien against a tangible asset you own, or have your wages garnished - if you do not pay the judgment within the time allotted.  State law may control what comes first in terms of what the plaintiff can do to get their award out of you.  They may try bank accounts first, then wage garnishment, then asset liens or some combination of these things.  Rules vary by State.  In some States it's a crime to try to hide your assets from such a judgment once it's been issued by the Court.  Currently, I am not aware of an 'automatic' lien scenario where your assets are frozen on the spot for a civil case.  That doesn't mean it can't happen.  Criminal cases are another matter.\n\nIf you have a good reason for not appearing at the hearing, you may able to have the judgment set aside and get a new trial, but you have to have a really good reason for not showing up, and of course, you have reason to believe you are not at fault in the dispute.  You already stated you were served but failed to appear, so you can't argue you didn't know about the hearing date.  \n\nAt the end of the day, you need to consult with a lawyer to see what your options are.  Most lawyers will give you an initial consultation for free.\n\nThis post is for general information only and is not and should not be construed as legal advice - consult a qualified lawyer in your State.
609986
Contact an attorney, but don't pay by check.
189571
Here is the step by step of what you should do.\n\n1. Gather proof that you over paid him. Canceled check, statements, letters. \n\n2. Get proof of what your actual rent was; the lease, cancelled checks.\n\n3. Go to the county court house and up to the county clerk and ask for a small claims form or packet. Pay them what it costs to file the case, (usually $35), ask when it can be filed and note the date in your calendar. They will want to know if you will deliver the summons for court or if the sheriff should. I suggest the sheriff.\n\n4. If you have any witnesses to the overpayment and they can not be in court, have them sign a letter with their side of the story. Have it notarized at a bank.\n\n5. See if you have pictures of the houses condition when you left, just in case he uses the excuse that you trashed his house. If you have them and they show the house as fine, bring them to court with you.\n\n6. Write a very short story about how it happened. This will help the judge see the event in your eyes.\n\nAs to not knowing where he now lives, it might be fairly easy to deal with if you can give the sheriff the town. He then can do a search to find the guy and deliver the summons.\n\nNow, if the landlord doesn't show up for court, you will almost always automatically win. The landlord will be given 30 days to pay you. If he doesn't pay in thirty days, you go back to the court and file a contempt of court against him. He will then be given another 30 days to pay. If he doesn't pay then, you have to notify the court and they will issue a bench warrant out for his arrest. Bench warrants are not followed through with like a criminal warrant. If he gets busted for something else, the bench warrant can be served then but they dont usually go out searching for him with just a bench warrant.\n\nGood Luck! I have won a few of these cases. I only filed when the person was totally in the wrong and didn't care a hoot about me and the trouble they caused.
1180398
I agree with spade_2nite, something doesn't sound right if they are contacting you for payment - if they had recieved a judgment.\n\n\nContact your county court clerk and ask if there is a judgment or a suit filed in your name. (You can also go to the clerks office and request to see your file.)\n\nIf there is no judgment or pending suit filed, that company is violating your rights. If that is the case - speak with an attorney immediately!!!\n \nIf there is a judgment filed and you had been properly served, check your state statutes for the exemptions in your state.\nFor example -  exemptions "may" mean that they cannot garnish your wages, take your car, take funds from your bank account etc. It all depends on "your" states exemption laws. \n\nAfter you check with your county court clerk and find that there is or is not a judgment against you, it may be best to speak with an attorney. There are many attorneys that will give a free first consult   \n\nAlso, I would suggest purchasing a tape recorder and the next time they call, tell them that you are recording the call. Some states allow you to tape without informing the other party that you are taping, you would have to check your state laws on that. But, if you cannot find your states laws on taping, then be sure to inform them you are taping when they call.  \n\nTell them that recieving phone calls at your home and place of employment is inconvenient for you and that you are requesting they contact you by the U.S. postal service only - be sure to have that on tape. By law, if you tell them to cease calling - they are "required" to stop calling.\n\nIf there is a judgment against you, filing for bankruptcy may not be the wisest thing to do - depending on the dollar amount of the judgment and your other debts. \n\n\nI have included a link so you can check your states rules of service
1007270
You will win the lawsuit very easy, but then that does not give you the money, all you will have is a judgement against them, so you would have to try to attach bank accounts or granish their paychecks.\n\nOf course you can also sue the person who wrote the check, and also call the police and file criminal charges on the person who wrote the check.\n\nNext if it was a "plot" and the perosn knew the check was no good, the police may arrest him for fruad also if you can prove it.
679415
To: \n\nThis is to inform you that I am in receipt of a check alleged to have been written by you. \n\nDated: \nIn the amount of: \nMade Payable to: \nBank Drawn on: \n\nThis check was presented to me in the usual course of business, and was returned to me from the above said bank marked; \n\nInsufficient Funds_____ \n\nClosed Acccount _____\n\nIn accordance with the General Laws of the State of ________, you are hereby given seven (7) business days notice that said check has not been paid, and if you shall not have paid the amount due hereon within seven (7) business days of receipt of this notice, this shall serve as evidence of intent to defraud, and a request to the __________ Police Department to take Criminal action shall be made by me. \n\nSigned: \n\nDate: \n\nAddress:
757961
If you get a piece of paper in the mail issuing you a court date...you better go to court, otherwise they can arrest you for failure to appear.  If you owe the money, it's best to try and just pay it...we all hate doing it, but it's the right thing to do.
364685
If, as you say, you were served "papers" you had that information. Why did you go to court records to learn about a judgment if you claim to have no knowledge of the case. The court hearings are a matter of public records so start there.\nA lot of time and effort had to be spent long before they could have gotten a judgment in the first place so I don't buy your story of not getting any notice. If, it is a wrong or false claim and you didn't get any notices over time then contact your local legal aid group and get help there.
1010713
File suit against them, you must have appropriate documentation. Ie, cancelled checks in order to do so. If you simply gave them cash, you can not file on that. If you paid certain bills for them, keep those receipts, etc. Once you obtain judgment, you can garnish wages, bank accounts, savings accounts, and put a lien against their home.
913753
Call the bank first and put a stop on the check. Then call the company, explain the problem to them and ask them to send you the check back so that you could write a new one.
546360
i agree with Delbana - STOP PAYMENT on the check if ti's a personal or contact whoever gave you that check to do likewise, IMMEDIATely.  First look very hard for that receipt! If you can't find it, schedule a meeting with the bank officer in charge. If that doesn't resolve your problem, every state has a Banking Commissioner that you can get free help from in a dispute with a bank.  Every bank is required to 1) issue you a receipt for a deposited check, 2) make a photocopy of that check on a daily microfische-like source, and 3)return said check - to you if it was a personal one (altho' many major banks have done away with returned checks, but are stilled required to give you that photocopy) or to the check maker (your job, etc). If it involves a lot of money, banks have cameras over looking every teller and you can get a lawyer to sequester those tapes to protect you(but the Bank Comm. is free, give him a chance first).
940644
You can try, but many judges are tired of hearing the "it's not my fault" argument based on "bank fees".  Do you think you are the first one to come up with this excuse?  Also, the "it's not my fault" excuse because of someone else holding the check,etc., really makes them mad.  \n\nI've seen dozens of bad check cases in court and everyone seems to come up with the same defense.  \n\nTechnically, you are required to have the money in your account to cover any check you write and it is also your responsibility to account for fees, etc., when manging your money.  I'm not preaching, it's just a fact and that's how the judge looks at it. \n\nThat aside, if you do attempt to contest it, you may lose, but the judge could impose a lower fine.  Also, is everything straightened out now?  Is the check taken care of?  Is the dog registered?  Don't even think about going to court and not having all of that done first.\n\nYou made a mistake.  So be it.  Just pay the fine and go on with your life.
645749
Did you know that giving someone a bad check for payment of goods/services is a fradulent act....fraud is a criminal offence. Depending on how malicious you feel, you could "sic" the police on her by filing a report with the local police. Since you probably want to get your money, a demand letter stating your intent to file a complaint with the local police for "passing bad checks" if payment is not made in cash or toher certified funds, may actually do the trick.
188489
You may contact the court and ask for the court to set a debtor hearing to find out what his assets are.  If he failed to appear the judge could issue civil contempt charges against the defendant.\n\nNormally, judgments will affect his credit and hopefully that will make him eventually pay you.
1123668
You have to show up at the date and time and court specified. You may have to wait a while before your case is called, but if you are not in court when it is called, you will be defaulted, and a warrant may issue for your arrest.