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#42476 - 11/13/02 02:10 AM Overdraft my checking
houseinvest Offline
New Poster
Joined: Nov 2002
Posts: 1
Hi guys.I need some good advice.I was behind on my mortgage payments and to cover payments I deposit 3 checks from my wife's bank account which had 0 balance. Right now I own
$8000.00 What do you think is any criminal charges for it?
I will pay it back in 2 -3 month.Thanks

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#42477 - 11/13/02 01:38 PM Re: Overdraft my checking
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,388
Galveston, TX
Your looking at a felony with a penalty of 5 to 10 years for writing bad checks in most jurisdictions.
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#42478 - 11/13/02 03:46 PM Re: Overdraft my checking
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
In IN you'd probably already be in jail considering the amount.

I strongly suggest you contact yor mortgage holder and get something worked out with them and the bank that you wrote the NSF checks on.

As rlcarey pointed out, in most jurisdictions this is a a felony.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#42479 - 11/14/02 02:05 AM Re: Overdraft my checking
Princess Romeo Offline

Power Poster
Princess Romeo
Joined: Jun 2001
Posts: 8,272
Where the heart is
The practice you described is basically a "kite", and check kiting is illegal. If your bank finds out (and they probably will) they will also be required to file a Suspicious Activity Report with the Treasury Department.

As dpersful suggests, you are much better off being upfront with your lender. Lenders are usually much more understanding if a customer comes to them to report a financial setback, and are willing to set up a work-out plan. The fact that you are upfront with a Lender is an indication that you are also willing to work towards a solution.

But once you start playing games, most Lenders will start playing hardball.
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CRCM,CAMS
Regulations are a poor substitute for ethics.
Just sayin'

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#42480 - 11/14/02 06:55 PM Re: Overdraft my checking
KSherrell Offline
100 Club
KSherrell
Joined: Nov 2002
Posts: 139
CA
If you avoid the slammer, expect to pay some severe bounched check fees.

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#42481 - 11/20/02 08:52 PM Re: Overdraft my checking
Tina A Sweet Offline
Diamond Poster
Tina A Sweet
Joined: Aug 2001
Posts: 1,033
Marysville, Ca.
Is this a trick questions? Are you maybe a regulator, attorney?
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