[at-l] Stiffed by Hiker

[KellyGoVols@aol.com (KellyGoVols@aol.com)]

In a message dated 4/8/02 11:27:28 PM Eastern Daylight Time, 
spiriteagle99@hotmail.com writes:


> Whether you or I consider it nonsense or not, it is in fact and law
> >illegal in most states to threaten criminal prosecution as a means to
> >collect on a check - sorry, but that simply is the law.  The reason for
> >it probably is twofold:  (1) the overburdened criminal justice system
> >does not want to deal with relatively small amount bad check cases as
> >criminal offenses; 

I don't know how it is in the rest of the world, but in Florida, and in my 
law firm, we give the bad check writer ONE WEEK to pay up.  We are, however, 
required by law to deposit the check a second time if it comes back ISF. This 
of course is not the case if it comes back "account closed." We inform them 
that after one week, we're handing the check over to the State Attorney and 
they can deal with them.  There is nothing illegal about what we're doing, 
and we give the client time to right a wrong.  We get checks for thousands of 
dollars, and any check written in the amount of $300 or more that comes back 
ISF is considered a felony. Most of our clients are criminals and a lot of 
them are on probation.  A new criminal felony charge is most definitely a 
violation of their probation and will result in jail time. Very rarely do we 
have to turn the bad check over to the State Attorney.  

Kelly



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