07-19-2008, 06:11 PM
|
|
Senior Member
|
|
Join Date: Nov 2006
Posts: 1,411
|
|
Quote:
Originally Posted by LustN2Live
HELP! !
Approximately a year ago I was employed as by a small "Inc." business.
In the final weeks of this businesses life and my employment I wrote and signed (3) three payroll checks, these checks however did not clear the
bank. Now I am in the midst of court proceedings (the county's "Worthless Check Division") which recently informed me, If I personally do not make these checks good, I'll be looking at (45) days plus in county jail. I was the president and did have the authority to write the checks. Am I personally Liable? The "Inc." Dissolved shortly after my resignation.
Please help!
My funds are more than non existing, can I fight this myself?
Thanks in Advance for any HELP!
|
Were you employed "as" or "by" a small business? You said both.
Who owns the company? Who was responsible for the funds being available in the bank? You say you were the president---I assume this means you were the owner? Or were you hired BY the owner? Were the checks signed YOUR name or the businesses name?
In any regard, the courts have consistently ruled that the signer of the check can be held personally liable for the non-availability of those funds.
The Uniform Commercial Code (the Code), applicable in all states, indicates that a person who signs his own name to an instrument "except as otherwise established between the immediate parties, is personally obligated if the instrument names the person represented but does not show that the representative signed in a representative capacity ...."
The personal liability of officers who sign corporate checks. | North America > United States from AllBusiness.com
Last edited by GentleGrace : 07-19-2008 at 06:18 PM.
|