Corporate Vail ? ?

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

[quote=GentleGrace;6769]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?




I was major share holder. I signed the checks with my name. Appears I am Liable. This being the case all 3 checks were written for less than $600 each. Is this considered a felony, or a single act with which, if jail time is served, the the largest of the three would be ran concurrent with the others as a misdemeanor? Basiclly reducing the sentence by two thirds.
If it matters, I live in Texas.
I do appreciate your help!
Thank You,
LustN2Live

What did they tell you the charges were ? How were they worded? 45 days isn't felony, I don't suspect. If they already told you how long you would serve ( 45 days ), how it is worded may not be as critical as how long the sentence is. Also, it is possible you can enter a plea arrangement----if you plead guilty.

While I believe you would be charged on three separate charges of bad check writing, Texas has concurrent sentencing guidelines that may be applicable. Some states consider bad checks as misdemeanor, some felony, but some states don't make the designation. Also, some states have laws in place that require the intent to defraud to be the reason behind bad check writing.

If you have no hired an attorney, contact the PD's office and ask for assistance. There may be a way to plead this down with no jail time at all.

Knowing the exact wording of the charges against you would help, too.

Good luck.

"Theft by Check" and it is in fact a misdemeanor charge.

Thanks Again,
very sincerly,
LustN2Live

The 45 days is apprx. and based apon a $50 per day of jail time. Reality is more like, 35 days and I dont know if it applies to "Bad Checks" but, I have heard they are so over-crowded they are giving 3 to 1 or 4 to 1 for good time.
What might I plea it down to?

Thanks in advance,

LustN2live