Sunday, June 28, 2009

The Police Called


A police officer left a phone message for me. He said that he was at company ABZ (not real name) and about to fill out a complaint on me because a check that I wrote a year go for $240 that had bounced. He said that if I didn't pay the money that I would be arrested.

What a shock! At first I thought that it was a bad joke so I called 911, but I found out it was legitimate. The officer was off duty when I called.

Can they do that? Can they arrest someone for a bounced check? And if they did arrest me would my career as a Nursing Assistant be over? They do good background checks on Nursing Assistants. I might never be able to get another job.

I called ABZ company and talked with the owner, but didn't get anywhere. I started to panic so I called my cousin. He also called the company, but the owner wouldn't budge.

The next day I couldn't stop crying. I kept looking at the door every few minutes wondering when the police would come. I don't have $240 or I would pay it. I have about $5, and I'm virtually out of a job. I felt like a sitting duck wondering when the police would come arrest me, so I left my apartment for most of the day. My neighbor told me that no one came to the door while I was gone.
The depression & anxiety that was starting to diminished is back in full force now. I've been crying my eyes out, and terrified. I'm not sleeping. I no longer feel safe in my home. I hate myself for being in such a mess. It's always something. I'm just so sick of it. So sick of struggling. Life has become such a struggle socially, and financially that I sometimes just want it to end. I just hate myself.

I'm going to go to Social Services to see if I can get financial help, but I doubt it. I was just there several months ago. I called my agency, but they still don't have work. My cousin says that he will talk to the police officers, but what good will that do? It's nice of him to want to do that, but I don't think that it will make a difference.

So I sit in my apartment crying and wondering if/when I'll hear a knock at the door from the police and be arrested. I'm scared to death! God, how I hate myself. Sometimes I really don't want to be here.

24 comments:

Rebecca said...

Praying for peace and calm for you.

Praying for work and income for you.

Praying for a kind heart for the business owner and police.

Yaya said...

I'm so sorry. :(

I can't believe they can do that? That does not make any sense.

Awake In Rochester said...

Hi Rebecca,

Thank you! I need all the prayers I can get.

Awake In Rochester said...

Hi Yaya,

I rarely have bounced a check. I know many people who have. I've never heard of anything like this before. EK!

Lady Banana said...

Oh my, that sounds a bit drastic!! I'm so sorry things are so messed up for you now.

I wish I could pop in and have a big long chat.

Please never give up - I so hope something turns up for you soon :)

L'uragano (The Hurricane) said...

Ok. I was married to a cop. I have some advice for you. It sounds to me like this cop is doing a "favor" for a business owner who probably gives him freebies. Normally, they can't be bothered with such a pittance. So Awake please do this:

1. look online for laws in your state or call up a different police station...and ask an officer if you can be arrested (for an amount under $250)or simply be issued a ticket.
2. You need in writing to approach the store owner and apologize -- stating you weren't aware and that you don't have a job...but want to make good ....tell him you can give him at this time...$5 a week..or whatever you can afford. THIS IS IMPORTANT. Have it in writing either via e-mail or registered letter (or both). Tell him you're unemployed (show his copy of stub without personal info on there, etc.)
3. If you do get arrested (and I'm not sure that's a big enough amount) then you will be manned with your letter stating you tried to make restitution. That you could only give X amount at this time.

I hope this helps....please don't cave. Your life is worth so much more than $250. Stay the course, stay focused. This too shall pass...

L'uragano (The Hurricane) said...

Oh also..even if you did get arrested --- which I find unlikely...you would have to get convicted for it to affect your job record. AGAIN>>>>> extremely unlikely you would get convicted.

S'onnie said...

Reading this horrified me. It seems rediculous that the cops would get het up over such a relatively small amount. I know we have to have the laws to protect businesses but here in nz usually the laws are only used for large cheque defaults that were shown to be done on purpose and by large I am talking over $2500.

I hope you can get this sorted. It seems like L'uragano has some good ideas.

You are in my thoughts. try not to get this petty person get to you

meleah rebeccah said...

Oh honey. I am terribly sorry to hear this. I had no idea someone could be arrested for one bad check? I thought they just sent those sort of things to collection agencies.

I am praying for peace and finacial stability for you. You should NOT have to be struggling so hard all the time. I wish I could hug you right now.

Please STOP hating yourself. Its not like you are doing this ON purpose. You are just having a hard time and you are doing the best that you can. If there is NO WORK, there is NO MONEY. And, I know how scary and miserable and the sort of panic and anxiety that can cause.

I wish there was something I could do for you. I just feel terrible for you.

Sending you all my love and prayers.
xoxoxoxo

Tammy said...

I'm so sorry that this is happening to you. The advice L'urango sounds good. Take care!

Awake In Rochester said...

Hi Lady Banana,

How about a long chat & a hug. ;) I could use one now.

I'm still trying to figure out if I can be arrested. I spoke to 2 social workers, and they are going to advise me on thursday. They say that I can't be arrested, but not sure.

Awake In Rochester said...

Hi L'uragano (The Hurricane),

Good advice. I have been working with social workers to iron this out. They have said the same thing about writing this guy & that the cop must be a friend. I will see them on Thursday & write a letter with them to give to the business owner. I want him to know that I'm not alone.

The Social workers think that I can't be arrested, but I'm not positive. I will have to do some homework and fine out.

I greatly appreciate your advice! Thanks!

Awake In Rochester said...

Hi S'onnie,

I'm trying to work this out with social workers. I hope they know what they are doing. lol

Awake In Rochester said...

Hi meleah rebeccah,

Thanks, I can use a hug. ;)

I'm in a very bad cycle, and I don't know how to break out of it. The depression is increasing because of this, and I have been thinking bad things. Not about others, but myself. I forget how depressed I am until something like this happens. Then I go into depression overdrive, and hate myself for getting into such a mess.

Awake In Rochester said...

Hi Tammy,

Thanks for your concern. Yes, L'uragano (The Hurricane) advice does sound good. I’m going to take her advice, and the social workers. Heck, I can use all the advice I can get!

L'uragano (The Hurricane) said...

Awake, saw your response to Mel. As humans, we all feel guilty and ashamed....when things go wrong...when the world kicks us in the teeth. But you're taking action...this is HUGE. Be proud. You will iron this out and move on.

Good luck and keep us posted...

dcr said...

When did the check bounce? Was it a year ago when you wrote it, or have they been holding on to it all this time and only recently tried to deposit it?

I'm not a lawyer, and laws vary from state to state, but, from what I've read, which may or may not be accurate, a check must have bounced within 30 days of it being written in order for the offense to be considered criminal. Again, that's just what I found, and I'm not sure if that's a general thing or specific to a certain state.

On top of that, you must have received a written notice that the check had bounced and failed to pay it, along with any bounced check fees, within 10 days.

So, if they never sent you a written notice that the check had bounced and demanded payment, I don't think they can have you arrested for it.

But, arrest warrants for bad checks can be issued when the check is for an amount of five hundred or more dollars or if the check is drawn on an out of state bank, regardless of the dollar amount.

Again, I'm not a lawyer, and your local county laws may have their own requirements and processes.

They can still go after you in a civil case but, there again, they need to provide you with a written notice and demand you to pay within 10 days before they can proceed with a civil case against you.

Such notices are recommended to be sent by certified mail so that they have a record that you received (or refused) the notice.

Again, I'm not a lawyer! Hope this provides some help though!

dmarks said...

It just doesn't seem right. Seems like a rogue cop.

twofinches said...

Awake

There is one place to find peace in this kind of storm. The Psalmist David knew it well.But in the plan of God we must sit quietly and ask Him, not just for peace, but direction. And not just direction concerning the immediate problem...but direction for our lives and our days and all our decisions. In my own experience, when I pull away from Him and try to do it on my own, I eventually end up overwhelmed. If you need to speak more email me privately...you know I care deeply about this and about you.

Awake In Rochester said...

L'uragano (The Hurricane),

Thanks for the encouraging words. But I take action very rarely. I will do a follow up on this post once I figure things out. This is connected with ongoing depression that I have.

Awake In Rochester said...

Hi dcr,

This happened just under a year ago and I have not heard from them since.

Something was sent to me by certified mail a few weeks ago, but I didn't accept it because the post master said it didn't have a name, or company name on it. I was not going to sign for something when I didn't even know how sent it.

I'm not sure about the time factor. If they had 30 days then their time was up long ago.

Awake In Rochester said...

Hi dmarks,

Yes, that's what people are saying. It might be a friend of his who is a cop, or something.

Awake In Rochester said...

Hi twofinches,

Thanks you my friend.

I've asked. I've said positive affirmations based on the Bible, and quoited scripture. I've played positive affirmations and scriptures while I sleep. I've begged, cried many, many, many tears for years. I'm so tired for this. Life has become one BIG struggle, and I'm just sinking deeper and deeper. The root of this is depression as I will explain in my follow up story. And I realize though this that I'm just getting worse.

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