Negative Bank Account can you be arrested

[Jackdog]

My lawyer that I will have the retainer fee for end of next week told me to not try and bring my Chase checking back into positive that he'll include it in the bankruptcy. I wanted to bring it back up but he said don't do it. Someone at work today told me I can be arrested for this. So now I'm panicking. I don't want to bug the lawyer because I haven't retained him yet. I'm scared. The thought of being arrested scares the hell outta me. I've never been arrested in my life and with how the finances are I wouldn't even be able to bail out need that money for retainer fee.

The chase checking account is in negative right at 1k with about 250-300 in overdraft fees.

Can they issue a warrant for my arrest?

Wanted to add it's around 700 negative with the 250-300 in overdraft fees bringing it to 1k.

[AngelinaCatHub]

NO! in overdraft fees, that is not an issue to worry about. Now, if you have bounced checks, that is different.

First, you will not be arrested. You will be notified with time to repay the receiver the bad check and his charge for NSF fee. Anything under $100 would not be acted upon by a States Attorney.

You have no real problem. Find out those who may have a bad check and contact them with the amount they wish to settle on. That would be the check amount and probably a $25 fee. Sleep well you are fine. 'Hub

[Jackdog]

Thank you so much. I don't have any bounced checks. The guy at work just really scared me with that comment.

[AngelinaCatHub]

Thank you so much. I don't have any bounced checks. The guy at work just really scared me with that comment.

Then, consider the source. Everyone has an opinion. I have some and experience and this is only what you will get here on this forum. Real stories.

I do know about checks and NSF. You are about to pay a professional who gave you good advice. Would you pay the same to the guy with his "opinion"?

Believe your lawyer. 'Hub

BTW he is paid to worry for you. Let him do the job and get rest.

[GoingDown]

Consumer credit issues are civil matters, not criminal matters. You won't go to jail over this.

[anime-chicka]

Listen to your lawyer, not someone who probably got the information from his brothers cousins daddys babysitter who knew a friend of a friend of a friend...you see where I'm going with this, don't you? In otherwords, second or third hand "info" tends to be extremely exaggerated and is most times not true.

[junker]

i had two banks with negatives bal. wells fargo, which had a very high neg balance mostly because of nsf charges..ie 300 to 400....mostly due to a messed up fedex acct....and a wachovia which took a unauthorized payment to a creditor which i simply refused to pay of over 100 bucks. so acct went negative about 150 ....when they turned it over to collections the collector threatened me with jail...but i laughed at him...never heard any more from him.. collector for wells fargo still sends letters once in a while..and i never did file bk on these......they are blowin smoke.......

[tigergem]

Consumer credit issues are civil matters, not criminal matters. You won't go to jail over this.

Texas law

[jwmc1]

You can only be arrested if you are purposely writing checks to buy goods when you know you don't have the money. You can't be arrested just because you have a negative balance, they would need to have an entire state as a prison.

[AngelinaCatHub]

Texas law allows merchants to have bad check writers arrested. Bad checks over $20 are a class B misdemeanor. If you bounce a few $25 checks one month and can’t pay them you are looking at an arrest, bail, and prosecution, up to 180 days in jail and a $2,000 fine on each case.

Just FYI.

Sorry to bump an old thread up, but this may interest others. It is true a bad check is a civil action to a point. Here in FL a check purposely written knowing there is no money in the bank is a criminal violation but only a hundred dollar check will go to the States Attorney. OR if there is a great accumulation of smaller checks that add over 100. That is called "Uttering a false document". Fancy for "floating bad paper".

Simply having or maintaining an over drafted account is not illegal. However if by accident bad paper is out there, and the holder notifies the "maker", it would be prudent to pick up the bad check with cash and pay the merchant's charge (usually $25) and that satisfies the merchant and avoids prosecution. There is no immediate arresting for slipping up on writing an NSF check. There is always an out. If the paper is not picked up, then charges may be filed. 'Hub