Hot Check

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DaveinTex

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Almost 5 years ago, I owned a business and had substantial income, so it was not uncommon for me to write checks for large amounts. I was well known at a convenience store in my neighborhood. The owner would cash checks for me all the time. Well to make a long story short, I ran into some misfortune lost my business due to a lawsuit and had a check for $25, 000 bounce. I made initial payments to the merchant (I have the receipts). Unfortunately we could not come up with a reasonable payment plan—He wanted the full amount in 15 days. The merchant contacted the counties District Attorneys Hot Check division. I received a notice about being prosecuted if I do not make plans to pay the balance. During the last 5 years, I have been making payments to the DA's office. I received a call from the Hot Check Clerk, who told me if they do not receive the full amount by the end of the year, I would be arrested. I owe about $15,000. I know I have to pay the amount. The merchant is a multi-millionaire and is not hurting for money. Don't get me wrong, I know I did wrong. I am currently receiving retirement from the VA and I am also receiving Social Security. Every extra dollar I have goes to paying the balance down. If arrested and prosecuted, I will lose my benefits. There will be no income then.
My questions: Since the merchant took the initial payment, does that make it a civil matter in Texas?
What charges would I face?

Worried in Austin, Texas
DaveinTexas
 
The DA is your middle man so it is no longer a civil matter. You need to contact the DA's office and show him that you are living off your VA and SS benefits. If you cannot show them that, you are not going to be in a good position. Negotiate, negotiate, negotiate with the DA! Good Luck!
 
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