Corporate Law Co. Office Liability

[diandchris]

I agreed to pay a sub contractor with the understanding the checks would not be deposited until the funds were available. Now the sub has the checks and is threatening to go to the magistrate and issue a warrant for my arrest. Is this legal? The checks are company checks and the company is an s-corp.

 

[seniorjudge]

I agreed to pay a sub contractor with the understanding the checks would not be deposited until the funds were available. Now the sub has the checks and is threatening to go to the magistrate and issue a warrant for my arrest. Is this legal? The checks are company checks and the company is an s-corp.

Someone is threatening you with criminal arrest for giving them a post-dated check?

What's the rest of the story.

 

[diandchris]

The funds are not available and he doesn't want to wait for his money. I guess he thinks that because he has the check that now he has leverage or something.

 

[seniorjudge]

The funds are not available and he doesn't want to wait for his money. I guess he thinks that because he has the check that now he has leverage or something.

Giving a post-dated check is not illegal; it is actually a promissory note (not a check).

 

[diandchris]

Why would he tell me he was going to go to the magistrates office and have a warrant issued for my arrest? I was under the impression that if it becomes an issue of non payment (and at this point it is not I am just waiting to be paid from my clients) that then becomes a civil manner and he can request a warrant in debt in the company name. I am wondering if he is just trying to scare me because I am a pregnant woman with a small child or would he be able to obtain a warrant?

 

[seniorjudge]

Q: Why would he tell me he was going to go to the magistrates office and have a warrant issued for my arrest?

A: I don't know why anybody does anything. I used to guess, but I was always wrong.