Re: Update!!!!!!!! This was finally making sense until this last sentence. If he didn't write the check, how is his name on the warrant and not yours. I'm NOT saying don't pay it - you would spend far more money and time trying to make this argument. But this is another strange twist.
Re: Update!!!!!!!! The only SOL i know of is one to issue the warrant once it has been turned over for prosecution sahlegian ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Isn't 6 years rather excessive in this case?
it's my fault, because he doesn't even right checks, never has. SoSo71 *********************** If both of your names are on the checking account both of you are responsible
Re: Re: Update!!!!!!!! *********************** If both of their names are on the checking account both are responsible ~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>-
Re: Re: Update!!!!!!!! No, the SOL is for issuing the charges. Warrants can come and go after that, as prosecutors receive more or less reliable information on whereabouts, etc. I wouldn't be surprised if a warrant hadn't been issued long ago. This might be a re-issue due to expiration of the old one, or they might have re-examined old warrants that hadn't been served, and discovered some error that made it desirable to reissue. Also, the advertising attorney may or may not be one of the good guys. Bad check warrants aren't brain surgery, but many people do need help. Without the attorney, the first discovery might have been when a cop pulled the OP's husband over. His specialty may even have been PI law, but there's no harm in expanding your practice areas.
Update!!!!!!!! I was reading the requirements for notification to the consumer once a bad check was written. More civil than criminal, but they do have to complete a particular process, just as a debt collector or CC company would. It is probably best to pay it and just get it out of the way, but if they didn't give you proper notification after the check came back NSF from the bank, a lawyer MAY be able to get the charges completey thrown out for simple restitution and paying the fine, and your hubby wouldn't have a misdemeanor on his record. It might cost you a bit more and may not even work in your favor but it is something to think about if he doesn't want this on his record. I can find the requirements again if you would like. I believe there was a 10 day period they had to give you to pay the check and certain notifications required.
Re: Re: Update!!!!!!!! Everything has been taken care of. The warrant wasn't old, just the checks. We paid it. cannoda, to answer your question about hubby not writing checks. In 96 we wasn't married and I would write his checks and he would sign them. So that's why it's in his name.
Re: Re: Update!!!!!!!! editing this..didnt see the second page of the post. pay the check..it will suck, but it needs to be paid asap. judges in texas don't like bad check writers, no matter what the circumstances. pay it, then try to do cleanup later, if possible. I'm not throwing a 'holier than thou' attitude your way neither. I speak from experience and I live in Texas (Tarrant County). You can try to get a lawyer to get it out of warrant (surety bond maybe?), but end the end you will still have to pay the same amounts + the lawyer fees. I am uncertain whether it can be flat-out dismissed with a lawyer, because the judge is going to be against your husband from the start due to the age of the check. And the last thing he should do, is tell the judge 'I didnt know I had a bad check'..that will send him off the deep end probably.
bah..server so slow lately..business must be booming at CN? double-post :/ glad to see you took care of it..sux having a warrant hanging over your head.
><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> I would write his checks and he would sign them. So that's why it's in his name. SoSo71 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> It's in his name for 2 reasons 1*His name is on the checking account 2*He signed the check. It is absolutely not your fault in any way shape or form simply because you filled out the checks. He signed the checks he is the only one to blame. He didn't have to sign them! You didn't hold a gun to his head forcing him to sign them so quit blaming your self. The responsibly rest solely upon his shoulders. PERIOD!
