Can Someone be filed on for hot checks they wrote 23 years ago? less than $100.worth

Asked over 1 year ago - Winters, TX

my husband received a letter and I called about it and there trying to file on him for less that $100 worth of checks

Attorney answers (3)

  1. Joshua Bradley Farmer


    Contributor Level 10


    Lawyers agree

    Answered . Who is the letter from? A debt collector or a law enforcement agency? If it is a debt collector, then find a TX FDCPA lawyer. They are likely violating the law by threatening action that they likely can't (depending on your state law) take.

    This is general advice based on limited interaction in an online forum. The reply does NOT create an attorney-... more
  2. John Arthur Daniels

    Contributor Level 14


    Lawyers agree

    Answered . 23 years ago? That is beyond zombie debt, that is simply frivolity. Yes, trying to collect past statute of limitations is a violation of FDCPA and the company pursuing your husband can be fined $1000 per violation. Keep a copy of that letter and document any further correspondence and letters. You guys may also considering hiring an attorney specializing in these matters if this keeps up. Good luck.

    This is only an Avvo answer. I am not getting paid to give this response and am basing this response only on the... more
  3. Michael Glynn Busby Jr.


    Contributor Level 19

    Answered . Make a log book of the collection efforts and take it to a consumer rights attorney. Breach of contract is 4 years, hot checks for criminal liability are 2 years. A court in Texas cannot grant relief to the plaintiff or creditor, but may grant you relief if they are using improper collection methods.

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