Texas law, what are the statute of limitations on a bad check.

Asked over 3 years ago - Burnet, TX

Texas law, what are the statute of limitations on a bad check. I wrote a check in September of 2001 for the insurance deductible on my vehicle repairs that was never to be cashed, only held until the insurance paid the claim, which was suppose to cover the deductible according to the repair center, but they told me in order to do this, I would need to write the check for them to hold, because the insurance adjuster would not allow them to include the deductible upfront. Needless to say ten years have passed and somehow that check was presented but not paid and now the DA is trying to collect these funds from me. No warrant has been issued to date. Check was turned over to the DA in November of 2001, but I never received any notification of the check until a week ago. Can they do this...?

Attorney answers (1)

  1. Cynthia Russell Henley

    Contributor Level 20

    Answered . The statute of limitations is tolled once charges filed - which would have been (most likely) shortly after the DA's office received the check. (I think the SOL is 2 years.) If they did NOT file charges - then you do not have to pay the check. They cannot file charges on you now. But, the real question is whether charges really were filed. You should contact the clerk's office and see if there are charges. (Just because there is no warrant does not necessarily mean that charges were not filed - that could have been an error or oversight.)

    If charges were filed within the statute of limitations, then you can be prosecuted on the check even though it is 10 years old. However, the question becomes whether or not they can prove the case. They have to have the witnesses.

    Although I have answered the question to try to help you, you should consult with a lawyer in your area in person... more

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