Expert: Jason Barnette, Esq. - 9/25/2009

Question
Hello if a debt collector forces you into make payment arrangements and those arrangements failed.Can the debt collector file as if it was a bad check and have you arrested and thrown in jail.Please help thanks

Answer
James:

Yes and no.  

If you issue a worthless check to anyone they can turn it over to the District Attorney's Office.  A worthless check is one which is returned for insufficient funds.  If you wrote the check (physically wrote it) with the knowledge that you didn't have the money to cover it, you can be prosecuted.

However, a debt collector cannot bring criminal charges against you.  They would have to refer it to the prosecuting authority in your state.

Jason Barnette
Barnette Law Offices, LLC
1800 Hayes Street; Suite 122
Nashville, TN 37203
615-585-2245
http://www.barnettelawoffices.com