San Antonio, TX asked in Criminal Law, Banking and Collections for Texas

Q: I rcvd a letter from DA for hot chk saying I had 10 days to pay in full. I don’t have that cash, would they accept arr.?

I wrote an NSF chk for over $1500 a couple months ago and deposited in another of my bank accounts, thinking one bank would approve the overdraft. The chk cleared, I used the funds and then it bounced. I had the intention to pay but couldn’t receive the funds I was expecting. So I tried to make a pymt arr. with the bank after, but they required an initial amt I couldn’t afford. They told me it would be sent to collections and charged off the chk 2 mo ago, but I never received a mail from a collection agency so I could make a pymt arrangement. Next thing is I get this mail saying I will be charged with a felony theft if I don’t pay the full amount plus fees in 10 days. I still don’t have the money. What can I do? Can I talk to the DA? Do I need an attorney? What’s the best course of action to get myself out of this mess I put myself into?

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Business Law Lawyer
  • Tallahassee, FL

A: Intentionally writing a worthless check in the amount you did is a felony in most if not all states in America. Since you did not accept the bank's offer to allow partial payments toward resolving the issue, the bank pressing the charges does not have to do anything more.

Advice: Your full attention should be focused on the DA's office, which is the only entity that can keep you out of jail. Call the DA's office immediately, and arrange to meet with one of the ADAs to discuss resolutions to avoid jail. Do not renege on any new promise you make to resolve this problem.

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