Landlord issued two warrants for bad checks - Please Help!

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ScaredyCat88

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Two checks in question, one from February 2009, was paid with a money order in March 2009 (and I have the receipts) the other dated June 2009, and I still owe for this check ($800.)

I've never even had a speeding ticket so I have no idea what to do. I can pay half the balance on the June check next week and the remaining half in three weeks.

I am living in fear afraid I will be taken to jail. I don't know what my options are. Landlord is pissed because I moved out after two years at property and has yet to rent the said property three months later so he is out for blood.

He also holds a security deposit of $500, why can't he apply that to the balance of the June 2009 check?

Help! I am scared to leave my house!
 
Relax. If they they had a warrant for you, they have your current address and they will just come to get you. First, how do you know he has a warrant for you?

I suspect he has no such thing. A bad check for rent, is not like a bad check for services or a bad check for goods. It isn't illegal. The landlord's recourse for a bad check written for rent is to sue you for the rent you owe. The one in February that is paid is not even an issue because it's paid.

Did the landlord tell you why he was keeping the security deposit? If not I would definitely count that security deposit against the rent owed. Don't be so nervous. It's ok.
 
Thanks but I checked the county sheriff's website and there are two warrants outstanding from 9/14 in my name, each simple misdemeanor for passing worthless checks. He sent me an email about a month ago saying he would issue warrants and have me arrested at my job and have my name printed in the local paper, etc.

Coming to get me is not an option! I don't want to go to jail!!! That's what I am scared of!

Is there anything I can do in the interim?
 
First, going to jail for a couple hours won't kill you. If you are that afraid, it might be a good thing to be afraid BEFORE you write a bad check. Secondly, call the sheriff's office and ask them what to do. They will likely tell you to come turn yourself in, pay a bond of X amount and you can leave. You aren't a bank robber, they don't want you in their jail either. I would take proof the first check is paid, though I'm not sure you can show it to anyone at that level.

Really, it isn't going to be that bad. Call them, find out what to do, make your bail. When you do come to the hearing, bring money to pay the check. Charges will be dropped.

What about the security deposit? Is that more than the check that is outstanding?
 
Thanks. The security deposit was $500, so no. If I turn myself in will the charges go on my record? Should I contact the landlord to question where the deposit is and if not refundable how it was applied to my balance outstanding?
 
Your landlord should have told YOU what he was doing with your security deposit. If you pay the check before the hearing (get proof you did so) the charges will be dismissed. The arrest will be on your record but that isn't going to hurt you.
 
Another thing. Your landlord can't take out a warrant for a check that is no longer a worthless check. When you paid it, the "crime" was over.
 
Thanks so much for your feedback. I have researched the law here so I am familiar. I also know that I can sue him if they do arrest me for false arrest on the first check as I have proof it is paid. It is a bad situation all around. I have spoken to several close friends and they all advise me to turn myself in but I honestly don't think I am brave enouh for that but versus getting picked up and cuffed, it certainly sounds appealing. Unsure how I will proceed but my thoughts are to turn myself in once the "true" balance is paid then I can't forsee something that bad happening as a result. Just an FYI, I did not write the check "knowing" if would not be covered. I had ER dental surgery the day after the check was mailed and my dental insurance was maxed out and I don't have credit cards or a savings account, I live paycheck to paycheck. I do not make it a practice to live life on the edge and work 6 days a week trying to make it happen. I truly believe he is hard up for income since the property is still vacant but this is not the "human" way to go about it. Thanks again.
 
Have you discussed paying back what you owe with the landlord?

You may be an honest person but the bad check was for rent in June; that's over four months ago. Because you haven't made an effort to pay this and have since moved from the property it is likely that the landlord took legal action believing he would never see this owed rent from you. If you knew about the bad check, why haven't you tried to pay this off before now?

If you haven't done this, it is time for you to step forward and make the effort. This will help clear your name legally.

Gail
 
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