Bad Check/bad Business

[ALPHONSO7]

I WAS IN BUSINESS WITH THIS GUY FOR BUYING AND SELLING BASEBALLCARDS..RECENTLY HE GAVE ME $25,000 CASH TO BUY SOME CARDS AND I WROTE HIM A $25,00 CHECK FOR SECURITY
"WE BOTH KNEW I DID NOT HAVE $25,000 IN THE BANK" WHEN I
RETURNED FROM THE CARD SHOW AND GAVE HIM THE CARDS HE DID NOT LIKE THEM..I GAVE THEM TO HIM ANYWAY AND HE REFUSED TO GIVE ME MY CHECK BACK. 11 MONTHS LATER HE TRIED TO CASH THE CHECK AND IT BOUNCED AND HE TOOK A WARRANT FOR MY ARREEST FOR FELONY CLASS 6 BOUNCED CHECK
I WAS ARRESTED AND BONDED OUT AND HAVE A COURT DATE FOR DEC. WHAT CAN I DO?

 

[Michael Wechsler]

Originally posted by ALPHONSO7
I WAS IN BUSINESS WITH THIS GUY FOR BUYING AND SELLING BASEBALLCARDS..RECENTLY HE GAVE ME $25,000 CASH TO BUY SOME CARDS AND I WROTE HIM A $25,00 CHECK FOR SECURITY
"WE BOTH KNEW I DID NOT HAVE $25,000 IN THE BANK" WHEN I
RETURNED FROM THE CARD SHOW AND GAVE HIM THE CARDS HE DID NOT LIKE THEM..I GAVE THEM TO HIM ANYWAY AND HE REFUSED TO GIVE ME MY CHECK BACK. 11 MONTHS LATER HE TRIED TO CASH THE CHECK AND IT BOUNCED AND HE TOOK A WARRANT FOR MY ARREEST FOR FELONY CLASS 6 BOUNCED CHECK
I WAS ARRESTED AND BONDED OUT AND HAVE A COURT DATE FOR DEC. WHAT CAN I DO?

Well, we are posting a little late (you should notify people here or elsewhere if you need professional legal assistance.) You should simply state that it was a security in the event you did not provide this person with the goods to be purchased. If the cards are worth in the vicinity of what you say and he is just not happy with your selection, then he is out of luck and you might consider suing him for false prosecution. However, there is an issue about writing a check where you know you don't have funds -- it might come down to state law whether or not this is a prosecutable offense since there may have been an implicit agreement between you (although this would seem weak to me.) I'm not sure if this makes any difference if there is a "strict liability" type law which makes it an offense to write a check like this, knowing that you don't have the funds. Why bother writing it at all if both of you know it will bounce?

I suspect that we may not have all the facts here. $25,000 is a lot of money to simply give someone else in cash... Let us know what happens...