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WHATS THE STATUE OF LIMITATIONS ON CASHING A CHECK IN CALIFORNIA

San Diego, CA |

I HAVE PRIORS ON THEFT

Attorney Answers 4

Posted

Need some more info. Dishonered check? Or Stale dated checks?
For Dishonored Check:
The payee has three years to bring a court action to recover the face amount of a dishonored check. He has the same three-year time frame to enforce a statutory service charge. If the payee sues to recover the statutory penalty, he must bring suit within one year.
(Under California Civil Code Section 1719, anyone writing a bad check is liable for the amount of the check plus a service charge.)
Stale dated checks
Those Are Checks that are not presented for payment within six months .Once a check becomes stale-dated, the bank has the legal authority to refuse to cash or deposit the check. Before a bank does cash a check after six months, the bank verifies that the account holder wants the check cashed.

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Posted

Sounds like you are asking how long would you be at risk of prosecution for a particular criminal act.
You need to post this where criminal defense attorneys can see it.

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Posted

There are a variety of possible crimes that could be charged based on the limited information that you provided. But generally speaking, a misdemeanor offense must be filed within one year of the date of the offense. For felony offenses, it is three years from the date of the offense.

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Posted

Your priors, although troublesome, will not have an affect on the statute of limitations unless those priors are used to elevate a misdemeanor offense (i.e. petty theft) to felony status. If a felony the general rule is 3 years from date of discovery.

Resist the urge to talk about what you have done to anyone other than a locally experienced criminal defense attorney.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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