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2 Charleston L. Rev. 215 (2007-2008)
Time to Close the Collection Agency: Addressing the Abuse of Bad Check Laws

handle is hein.journals/charlwrev2 and id is 225 raw text is: TIME TO CLOSE THE COLLECTION AGENCY: ADDRESSING THE ABUSE OF BAD CHECK LAWS Elwood Earl Sanders, Jr., Esq.* I. A Review of the Pertinent Aspects of State Criminal Laws Governing Bad Checks ....................................................... 217 II. The Present Criminal Bad Check Scheme Discriminates Against the Poor and Favors the Rich ............................... 219 III. Inferences or Prima Facie Evidence of Guilt Arising From Nonpayment Ought to Violate Due Process as Irrational or Impermissible Burden-Shifting to the A ccu sed ................................................................................ 222 IV. The Prosecutor as a Collection Agency ................................. 223 V. Abusive Debt Collection Practices .......................................... 232 VI. There is Not an Effective Civil Sanction in Most States ...... 233 VII. A Proposed Civil Sanction for Bad Checks .......................... 236 V III. C onclusion ........................................................................... 237 IX . A ppen dix ................................................................................. 239 I assert a bold proposal: Our criminal bad check laws, as written and implemented, imprison for debt and burden the poor. I agree that the writer of a dishonored check should honor that *Elwood Earl Sanders, Jr., Esq., J.D. 1983 University of Alabama. Adjunct Assistant Professor, School of Continuing Studies, University of Richmond. Sanders is an Appellate Procedure Consultant with Lantagne Legal Printing in Richmond, Virginia. He was an associate with the Framme Law Firm in Richmond, Virginia from 2000 to 2007. This article is respectfully dedicated to the Honorable William R. Murphy, Chief Judge, General District Court, Prince William County (retired). Judge Murphy was a valuable mentor in the early days of my practice. I recall his thundering at an absent merchant, who had presumably received payment on a bad check, that the misuse of the criminal justice system to collect civil debts was malicious prosecution. I do not imply Judge Murphy would agree with the conclusions of this article, but I owe him a debt that I could never repay, with a check or otherwise. I also want to express a special appreciation to Timothy Martin, Esq., Eldon Donny Meeks, Esq., and Steven Burt, Esq. of the Mississippi Bar for their encouragement. 215

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