My landlord always wants postdated checks a week before the rent is due. In which case I have him a postdated check like normal.
At the time I was unemployed and my former employer was fighting my unemployment so my only source of income would be there and thus the funds would not be available in my account to cover the post dated check.
As soon as I got the information I contacted my landlord right away since I had 3 more days before he could deposit that check. Since I started a new job at the same time I told the landlord that I could pay him for the back rent if we worked out a payment plan, but I had to wait for the income from my new job to generate. The landlord agreed to a payment plan where I would give him $300.00 up front and $175.00 a month after until I was caught up. So I wrote a check out for $300.00 writing on the memo that it was Rent payback. The landlord quickly cashed the check, and told me that since we were on a payment plan he would tear up the postdated check I wrote to him back in March.
A week later I had a dispute with a local township commissioner who is a friend of the landlord's, and filed a complaint with the township. After that the landlord told me that if I did not recant my statement about the commissioner that not only would he file for eviction proceedings, and he admitted that he did not tear up that postdated check and said he would intentionally bounce it so he could file a criminal complaint against me as that postdated check was for over $1,000.00 and he vowed to have me thrown in jail despite having a payment arrangement where I have been making my regular payments and more just to get it out of the way faster.
Needless to say I was not going to recant and the landlord followed through with his threat. I gave the police officer my statement explaining my side of things, and provided my bank statements showing that he was depositing the checks from the payment plan, but yet out of the blue he deposits the check that he told me he tore up. My wife also gave a statement to the police as she was a witness to all of this as the landlord was making threats to her as well.
The following day I spoke to the police officer and he informed me that he spoke to the landlord after I presented my side and evidence, and the landlord told him he had no idea what that $300.00 check was for and he thought it was for late fees despite the memo on the check saying it was for paying back rent.
My only regret was that I should have done a stop payment on the check, but I thought I could trust him. If there is one thing I learned is that I won't trust anybody again.
Regardless what is done is done. The earliest I can make good on the check is Friday but my 10 day limit expires Tuesday, and the landlord won't work with me on that as he told me he wants to take pleasure of seeing me charged with a crime since I messed up the life of a township commissioner.
The police officer said that it would have to be looked into as to his understanding if there was a payment agreement before the landlord filed charges, he can't do anything.
I have never been convicted of anything in my life, and I have little money to afford a lawyer, and I really need to know what my options are. I'm already breaking the lease with the landlord as I can't take his daily blackmail anymore.
Any advice on this would be wonderful and I would be forever thankful
Framed for Writing a Bad Check in Pennsylvania
Linear Mode
