I am paying a merchant back in payments for a bounced check and missed some payments someone told me ounces they accept payments they cannot do anything is that true
1 Answer from Attorneys
I cannot opine from legal advice rendered by "someone." However, it does not sound like "someone" is a lawyer and "someone" has no idea of what they are talking about. It is not true that as long as you make partial payments that you cannot be sued. If you are going to do this, I recommend getting an agreement in writing before you send in any payments.
However, in your case you breached any agreement that you might have had by failing to pay as agreed. Where that occurs, the creditor has all of the same rights as they had before you sent in any payments. Since this arose out of a bad check, I assume that the merchant might try to use the criminal worthless check charges. Its possible that a partial payment may be enough to defeat any criminal intent, but you don't want to be in the position of explaining all this to a district attorney somewhere. If criminal charges would be instituted, many counties have worthless check programs and the district attorney writes you a letter asking for payment and fines. Do not ignore any bona fide letters from a district attorney about this bounced check. If you do, you may then be prosecuted. Even if criminal charges are not brought, the merchant can sue you civilly under the civil bad check statute at 42 PACSA § 8304.
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