PCC, question on Police Records - Someone please help !

[questionfolk]

Hello All. Here is my dilemma:

I had borrowed some loan back in my home country and I had issued checks based on my joint account with my partner, then I came to the U.S.

Though I had the money sufficient enough for the checks issued, my partner had withdrawn the money from my account and so there was no funds.

The checks got bounced, and a lawyer had sent summons to me and I was not aware of this. I am not sure if the bank had filed any police complaint on me during this time, I came to know about this case only last year and I duly paid the loan money and closed the bank account. When I had asked the bank through phone last year, the rep said bank didn't file any complaint but he told me as if he was not sure. So, I don't believe his words.

Now, I am not sure if this would appear as a criminal record when my consulate checks on my police criminal history for PCC (if the bank had filed any police complaint).

Can some one shed light please ?

 

[Karlshammar]

It should not appear on any police records unless there is an outstanding warrant for you (very unlikely).

Accidentally bouncing a check is not illegal. It is only illegal if you deliberately write false or uncovered checks to to try to gain things fraudulently.

 

[questionfolk]

Hi Karlshammar, thank you very much for your reply.

As I had said, I had received summons which I found out only last year and if the bank had filed a complaint at the end of all the notices (as I was not there to pick it up), will it still show up on PCC ? though I settled the amount last year itself ?

It should not appear on any police records unless there is an outstanding warrant for you (very unlikely).

Accidentally bouncing a check is not illegal. It is only illegal if you deliberately write false or uncovered checks to to try to gain things fraudulently.

 

[Karlshammar]

No problem.

Was this a civil summons (you are being sued for the amount owed) or a criminal summons (you are being charged with a crime) ? Who sent it? The bank, court, police, collection agency?

Hi Karlshammar, thank you very much for your reply.

As I had said, I had received summons which I found out only last year and if the bank had filed a complaint at the end of all the notices (as I was not there to pick it up), will it still show up on PCC ? though I settled the amount last year itself ?

 

[questionfolk]

Hi Karlshammar, It was a summon from the lawyer on behalf of the bank for bouncing the check, not sure that was civil or criminal.

No problem.

Was this a civil summons (you are being sued for the amount owed) or a criminal summons (you are being charged with a crime) ? Who sent it? The bank, court, police, collection agency?

 

[Karlshammar]

If it was sent from the lawyer that means it was civil, so it won't show up on a criminal check.

A criminal summons would be sent from the prosecutor's office, court or other gov't entity (depending on the jurisdiction).

Hi Karlshammar, It was a summon from the lawyer on behalf of the bank for bouncing the check, not sure that was civil or criminal.

 

[angelbrat]

If you have never been in front of a judge.....have never been charged and found guilty of a crime...then you will be fine. Canada is only interested in any crime committed that you have been charged for.....not the criminal act its self.

It sounds to me that this is all a civil matter and will not have any effect on your application.