need some legal advice.....

iamcrazy!! · Feb 7, 2004

i got this email from prepaid atm.... i made 5 instant ach from my bank to them. 2 did not clear, this is the email i got. I didn't know a nsf was a felony in nevada.. I called them to make good on them. But doesn't this seem a little much...

This e-mail is to inform you that your bank has reported a transaction discrepancy to our processor. Please contact my office immediately if this was done in error. This situation is considered a felony in the state of Nevada. It is crucial that you contact me by 3:30 PM EST February 6, 2004 to prevent your account from falling into a more serious classification.

Thank you in advance for your cooperation,

Card Holder Relations Advisor

PREPAID ATM, INC

RPM · Feb 7, 2004

yeah. it does seem a little overboard. did you call?

wilheim · Feb 7, 2004

Bad checks are a felony in Nevada, I'm not sure if there is a minimum or not. I had a check bounce there in the 80's, and was told by the DA's office if I made it good immediately they would not prosecute. I remember the check was in $300 range. Natrually I deposited funds into my account, and asked my bank to re-process the check. It cleared the 2nd time around. Nothing more ever came of it.

wil.

iamcrazy!! · Feb 7, 2004

yes I called... I told the lady I would be sending the $$ next thursday, I had the money in there but my wife made out some credit card bills I had no idea was coming out. I almost s**t when I saw the email. I wonder if the us knows prepaid atm is used for offshore gambling.

iamcrazy!! · Feb 7, 2004

another thing is a ach bank draft a check? I will pay the thing off, but geeze a felony???

Dante · Feb 7, 2004

seems a bit nutty...I would switch to Neteller and **** Prepaidatm....

wilheim · Feb 7, 2004

Iam - Definetely take care of it right away. Nevada is tough on bad checks, or in your case bank drafts. Be careful a warrant is not issued that you may not know about. Next time you renew your drivers liscense, or get stopped for a minor traffic violation, you could find yourself arrested. Just a word to the wise.

wil.

TheGeneral+ · Feb 8, 2004

Thanks for the post iamcrazy!!

1cheater · Feb 8, 2004

exilarch · Feb 8, 2004

Maybe it's a good thing. My wife runs a small business and is always getting stuck with bad checks. Some people write bad checks with impunity, figuring that the DA is to busy to prosecute bad check writing.

url4sale · Feb 8, 2004

The civil penalty in Nevada is very minor.

Amount due, protest fees treble amount of check but not less than $100 nor more than $500.

However the criminal penalty is a different story

Up to six months in county jail or $500 fine, or both. State prison of one to 10 years or $10,000 fine or both.

The real difference between the two is pretty big. The company has to prove that you wrote the check(s) knowing you didn't have the money to cover the checks. This is very hard to prove, unless you were writing checks on a closed account, an account with little to no money, and wrote quite a few of them.

Most companies don't chase people for small amounts, but for larger amounts they do. Also your name will go in the national bad check or charged off depository account database.

Basically if you go to a institution that subcribes to this database, they will know that you owe money to another bank or have a history of bad checks.

This is the technology out there, that most don't know exists.

Be careful and clear up the problem right away.

IDENTITY · Feb 8, 2004

a crime requires "mens rea." that means you had to have a culpable mindset when engaging in the alleged wrongful conduct. they have to prove that mindset beyond a reasonable doubt.

i would talk to the d.a., tell him/her it was a simple error, and offer to pay the fine and be done with it.

the d.a. knows he cannot prove his case, so you will be fine.

RPM · Feb 8, 2004

damn identity. that was a very well written statement.

hanover00 · Feb 8, 2004

Better yet, you might want to make sure that your wife and you aren't drawing on the account at the same time. Then you don't have to rely on the expert legal services of this board.

Ever think of setting up a separate account for your gambling interests only?

WEEKENDALKI · Feb 8, 2004

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by IDENTITY:
a crime requires "mens rea." that means you had to have a culpable mindset when engaging in the alleged wrongful conduct. they have to prove that mindset beyond a reasonable doubt.

i would talk to the d.a., tell him/her it was a simple error, and offer to pay the fine and be done with it.

the d.a. knows he cannot prove his case, so you will be fine.<HR></BLOCKQUOTE>
You must be a lawyer. What kind of law do you practice? And if you are a lawyer, why is it that lawyers like to gamble more than the rest of society?

IDENTITY · Feb 9, 2004

i am.

but i dont do crim law.

need some legal advice.....

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