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Is there a statue of limitations on worthless checks ?

Jasper, AL |

i recieved a letter from the office of my county district attorney a couple days ago that read if i don't pay nearly $800.00 in fees for 2 checks written in 2002 for less than $50 combined that a warrant will be issued for my arrest.. we're talking nearly 8 years ago !!

Attorney Answers 2

Posted

Check out the following sites while waiting for an AL defense lawyer to anwer your question. If none does, check out the Avvo listings of AL defense lawyers and call a few for a consultation on this issue, and whether the SOL was tolled or has expired. Good luck.

http://law.findlaw.com/state-laws/criminal-statute-of-limitations/alabama/
http://www.criminaldefenselawyer.com/criminal-case-statute-of-limitations/AL-felonies-misdemeanors.htm

DISCLAIMER I do not practice law in your State. This answer is provided for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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Posted

I agree with Mr. Bailey, and would like to share some general advice about collections.
You will need to consult with a consumer protection lawyer locally.

1. Start keeping a detailed log of all calls and letters and a paper file of all information.

2. Make a written demand that all further communications from creditors is in writing under 15 USC 1692 (c).
The letter should also contain a dispute of the validity of the charges and include a demand for a complete accounting with signatures, and all contents of the file.
The creditor then has 30 days to reply and they may not take any action until you have been sent the validation. Bear in mind that this may be motivation for the collector to work your account when the file comes to them from the original creditor with new information.

3. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing.

4. If you are going to make payments use money orders and not personal checks or “check by phone” because if they find a bank account the collector will be more likely recommend a lawsuit the their legal department.

5. All collections are negotiable; the original creditor has given up and is losing up to 50% on the face value already either by splitting any return or selling at a huge discount. In addition, the costs of a lawsuit although discounted still are a factor in the decision to settle with you.

If you are going to settle mark the check “settled-in-full” at the very top back of the check and include a letter explaining you are offering a settlement, keep copies of everything.

6. Get written confirmation of any payment plan the agency will accept before making a payment.

7. Specify in writing all payments will be applied to principle first.

I do not practice in your state and you will need to consult with a local lawyer for additional protection under your state law.

I have pasted a link to the FDPCA to help you with your federal rights;

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

You should read the FDPCA from the link above and become informed about your rights; this will help you and your lawyer.

I hope this information and generic advice is helpful.

Good Luck

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