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

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

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Posted

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-client relationship. You are strongly advised to seek the advice of an attorney in your jurisdiction after you have presented them with all of the facts.

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Posted

letter is from district attorney and I called on it as soon as I got it and was told this was to be paid then call another # to find out the court coast and fine ... which I did neither nor looked into it due to family emergency ..

Posted

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.

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this letter is from district attorney and I called on it as soon as I got it and was told this was to be paid then call another # to find out the court coast and fine ... which I did neither nor looked into it due to family emergency ..

Posted

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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