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My girlfriend wrote 3 post dated checks at 5000.00 a piece (rent advance) for a restaurant. The restaurant collapsed due to a hurricane. She was arrested. Is that extortion on the landlords part? Can she really get into trouble? I thought postdated checks are not considered NSF.
Actually the banks legally do not have to acknowledge the post date any more and can put it through and bounce it. I really don't follow the rest because if the restaurant collapsed why would she owe the rent and what would that have to do with NSF?
After a hurricane flooded the bar and restaurant the owner told her he would give her 3 months to try and get it back together if she wrote out the rent post dated checks for those three months. She never could come up with the 5000. A month and lost the business.
This was 8 yrs ago. She jumped bond and they just caught up with her last week.
I am not following something. Why would she be responsible to pay for what the hurricane did?
It sounds to me like he was trying to pull something. I think she needs a good lawyer.
It was waterfront prime property the only people to get insurance was the owners. ONe had to be grandfathered in to receive insurance. It was a at your own risk business. One knew the stakes. It was a 20,000 a month business until a hurricane hit. It was flooded. She thought she had the means to clean it up. So the owner gave her 3 months
So she still had to pay rent even though the building was basically non existent?
So let me see, did she write the checks, then not put any money in the bank to cover them, so she wrote three bad checks?? If so then each check would be a separate felony charge.
Since she jumped bail, she will have additional legal problems.
There is no crime in writing a post dated check, the crime is not putting money in the bank to honor them.
Independent of her motivation, you said she jumped bond!
That means this has already been deemed to be her responsibility.
She was in agreements she probably shouldn't have agreed to.
But she made financal agreements, and didn't repay them.
Good advice is often better enjoyed than a great lawyer.
Thank you great advice
Do you think she will get time in jail for those checks and jumping bail? That was not extortion on the owners part?
If she's already under judgement, she'll likely serve the remainder, plus what the judge feel's is appropriate penalty for violating.Quote:
Originally Posted by jasondbel
Extorsion? Could be subject to argument... but that's secondary to this other issue...
Thanks a lot!
Where's the extortion? The landlord entered into an agreement to extend her three months if she provided the post dated checks. She agreed to this. By not covering those checks she is guilty of passing bad checks.
She compunded the issue by jumping bond. What she should have done is declare bankruptcy.
Sounds like she's heading for jail.
She was arrested for it 8 yrs ago, got out on bond, and never went back to court for sentencing or a plea so she was never given a punishment yet. But now they caught her have expidited her from one state to the other and holding her she will probably plead guilty. Do you think for first offense (although it was three post dated checks for 5000.00 a piece) she will get time? Because we have a two year old and I'm a truck driver.
Straight to the point no b.s. that's what I was looking for thanks!
She signed her name, took the money and ran. Time to pay!Quote:
Originally Posted by jasondbel
If she doesn't, we all will. That's not fair!
What YOU do is not relevant
Had she not jumped bond, she might have not done time. Now its going to be much harder to keep out of jail. She needs a good lawyer.
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