Grand Theft Charges Over Bouncing a Check

My question involves collection proceedings in the State of: PA

I wrote a check to my ex-husband because he said he was desperate, but was collecting large sums of money in the next day or two. When he told me he had taken the money out of his checking account (was released 1 day later) but he was unable to pay me for my check.. I let it bounce. He is now saying it is "Grand Theft" and he is prosecuting me through his bank for the bounce. I am desperate.. don't know what to do. I knew he wasn't going to make good on it now feel i am in trouble. Nice honest guy.. huh?

Nice guy, honest??? Now that is the pot calling the kettle black!

Make good on your check.

Are you stating that you have been charged with a crime, or that you've merely been threatened by your ex?

What is it that your ex- is alleging that you stole?

This is complicated, I know.. Actually he is not an "official" ex yet because he will not sign the divorce papers after 1 1/2 years so I will have to wait out the full 2 years that PA gives toward divorce laws.

At any rate, he contacted me and said his electric is being shut off and he will be going to jail for child support if he did not have $2100. He is a computer programmer and had a couple of jobs that he needed to collect on and he told me that if I would write the check and he could take the money out (he knew that his bank released funds the next business day) he could pay the utilities and his support and he would have $2100 in cash that I wrote him for me to deposit before it hit my bank. Well, that didn't happen so I had a NSF that went through twice. When I told him about it, he laughed and said he could now prosecute me for writing him a bounced check and he was going to call the police and press criminal charges. Never expected that. I did write in the memo "loan"... but I was floating the check until he gave me the money, which of course did not happen. He acted almost suicidal when he originally contacted me and I knew it was wrong to do this... but thought that he was be honest and make it write in the time frame he promised. Don't know exactly where all the threats are coming from, but they are.

Quote:

---

Don't know exactly where all the threats are coming from, but they are.

---

The threats are coming from the fact that you committed a crime. It doesn't matter what you wrote in the memo line, it doesn't matter that he said he'd have the money back to you before the check hit your bank, it doesn't even matter that you're still married.

What matters is that you wrote a check in full knowledge of the fact that it would bounce. He can, in fact, go to the police and have you brought up on charges.

He also cashed the check knowing that he had commited to getting me money because I didn't have the money to write it at the time. It's double jeopardy in my opinion..... He is not without a part of this. When he got money he took it to a check cashing service and kept it instead of giving it to me.

Quote:

---

It's double jeopardy in my opinion

---

You're welcome to your opinion, but it holds no legal water.

You wrote a check that you KNEW you did not have the funds for. That you told him you didn't have the money is irrelevant. It is incumbent upon YOU, the owner of the account, to not deliberately write hot checks.

Sorry, that's the law, and an explanation of the law was provided to you above.

My main question was "Grand Theft" how is that Grand Theft? I have researched on the internet and also just called my attorney and he said there was no theft. In addition, he said in a court of law they look at "intent" of the person that was writing the check and has been through court cases where if there was malicious intent to fraud and did not let the other party know the funds were not available and intentionally bounced the check. There was nothing stolen, no goods or services taken. So that's the answer I will work with. He is a 16 year business attorney and I am glad I called after your response. It still pays to contact an expert instead of go on a site like this where some people are actual lawyers and argued these cases before as opposed to people who give advice based on research. I came here for comfort because I was scared and got basically the "YOUR FAULT" responses with the exception of one. My attorney also validated what I thought. My husband knew the check was no good from me and committed verbally to giving me money that would cover it and failed to do so as well. Both parties had blood on their hands.

Quote:

---

I came here for comfort

---

If it's comfort you're looking for, you're in the wrong place. This is a legal information forum, not a support group.

We can't help it that you find no comfort in a legally correct answer. It's our purpose to tell you what the law is, not hold your hand and cluck sympathetically.

Quote:

---

Quoting dooped

---

...he told me that if I would write the check and he could take the money out (he knew that his bank released funds the next business day) he could pay the utilities and his support and he would have $2100 in cash that I wrote him for me to deposit before it hit my bank.

---

That doesn't sound like a viable plan, but perhaps he never intended to give you the $2,100.

Quote:

---

Quoting dooped

---

When I told him about it, he laughed and said he could now prosecute me for writing him a bounced check and he was going to call the police and press criminal charges. Never expected that. I did write in the memo "loan"... but I was floating the check until he gave me the money, which of course did not happen.

---

So we're at the point of threats, nothing more.

Quote:

---

Quoting dooped

---

It's double jeopardy in my opinion.....

---

That, presumably, is because you don't know what double jeopardy is - being prosecuted twice for the same offense.

Quote:

---

Quoting dooped

---

He is not without a part of this. When he got money he took it to a check cashing service and kept it instead of giving it to me.

---

When he got what money?

If you're talking about money he took out of his account based upon his bank's releasing the funds before your check bounced, you were told up front that the money would be used to pay bills. If you're talking about the money from various jobs that was supposedly going to be deposited into your accounts to cover the check, your check bounced so why would he give you that money?

Quote:

---

Quoting dooped

---

My main question was "Grand Theft" how is that Grand Theft?

---

Your ex- is probably using that term because he doesn't have a meaningful understanding of criminal law. What he calls the offense doesn't matter.

You were asked some pretty basic questions up-front, and have chosen to argue rather than to simply answer them. LRM identified an actual offense you committed; I agree with your lawyer that, under the facts as you've described them, it's unlikely that a prosecutor will authorize charges.

Next time your ex- demands money so he can pay his own bills or avoid going to jail over his choice to be a deadbeat dad, I suggest one of two approaches: 1. Tell him you can't help; or 2. Tell him, "Go to my lawyer's office, sign the divorce papers, and then we'll talk" and then, after he signs the divorce papers, tell him you can't help.

I appreciate you answering. Truly.. I am just so upset my emotions are kind of scattered at the moment. The checks that I was referring to were checks he got from clients during the 3 days float period and then cashed at a check cashing service and kept the cash instead of giving it to me for MY check to him to be cleared. The only reason I know this is after several years of marriage, we share many of the same friends and a mutual friend told me they went to a check cashing service to cash his client checks after he made a round of collections. He also didn't put the money in his account.

Thanks alot and I am sorry if I sounded defensive to all. I was definately panicking and now I feel a little bit more at ease.

Less Dooped!