how long does someone have to try and collect on a bounced check? someone called me 3 years later about one.?

Question

how long does someone have to try and collect on a check. Some one called me 3 years later trying to collect on a check from "candy sales" I paid for this check in cash before my children were able to receive their report cards, i was told they couldnt' get their report cards (in 5th grade) unless it was paid. That was 3 years ago...Now what do i do, they said they don't have any recipets of me paying it..any ideas??

Answer 1

3 years to file suit. After that they are SOL.

Answer 2

Three years after the fact someone contacts you in regards to a bounced check? That certainly sounds very suspect to me. Since (according to you) your children could not receive their report cards until the funds were paid for the candy sales, and under the assumption that they received their report cards, it would appear that the funds were paid. The part that I don't like is that it took this person or organization to contact you after three years. This would have been on the books as an outstanding AR, then written off as a bad debt. Did you inquire why it took them so long to get back to you? After that length of time, this would probably not stand up in a court of law as they had not been actively seeking to recover their funds. I would indicate to them that it was indeed paid in cash, and since their accounting/collections system appears to not be functioning properly (three years to contact you) that the error must be on their part in their bookkeeping.

Answer 3

If you got your check back ... no problem! If they still have your check and you have no receipt ... big problem. Probably better to pay again or you will never hear the end of it.

One of the most frequently asked questions is whether a debt collector can try to collect on a debt that is more than seven years old. The short answer is "yes", but that's not the complete answer to this question.
A. The Fair Debt Collection Practices Act (FDCPA) does not place any limits on how long a collection agency may attempt to collect on a debt; it does prevent a debt collector from threatening to sue you to collect the debt if the statute of limitations has run.
The statute of limitations - the time during which a lawsuit may be filed against the debtor regarding the debt - differs from state to state, and depends on what type of underlying transaction (i.e. a check, credit card debt, auto loan, etc.) gave rise to the debt; the seven year period refers only to how long a debt may be reported on your credit report. Check the laws in your state to determine the applicable statute of limitations for your particular debt.

Although a debt collector may continue to try to collect on an old debt, even if the statute of limitations has run, a debt collector may not:

Threaten to sue on the debt.
Report the debt to a credit reporting agency if the date of delinquency is more than 7 years ago.
Continue to collect on the debt after you request, in writing, that they "cease and desist" further collection activity.
Continue to collect on the debt after you inform them, in writing, that you refuse to pay the debt.

Answer 4

Each state has different laws regarding "worthless checks" in my state it is 1 year. But during that one year they must send you a certified letter stating that you have 10 days to pay for the check and any fees that they charge. If you do not pay within that amount of time. The person the check was written to can go to general sessions court clerks office and swear out a "criminal summons". The criminal summons does not require you to be arrested, but you do have to be "booked" you do not have to bond out or anything. Generally you are set a court date and you enter your plea. Check the statutes for your state and then contact an attorney. One check for $15.00 can end up costing over $500.00 if you go through the judicial system.

Answer 5

You are confusing two laws here....

The laws regulating writing a check with "insufficient funds" generally apply to criminal actions. You must file a complaint within "x" amount of time in order to claim damages. Michigan, for example, allows for 3 times the amount of the check in damages. But if you fail to file within the SOL you lose the right to claim damages. In Michigan (I think) this time limit is 6 month.

However you are still liable to the creditor for the amount of the debt, and that still falls under the normal statute of limitations for debts. All they have lost is the ability to sue for damages.

Answer 6

Is the account nonetheless antisocial, or did you pay as much as grow to be modern. If it quite is modern, dispute the itemizing with the credit bureaus. If that doesn't paintings, deliver a "goodwill" letter to somebody intense up interior the chain of command. despite if it continues to be antisocial, pass forward and dispute besides as sending a call for to validate letter to the creditor. After 3 years they might no longer have the documentation mandatory to validate.

Answer 7

Definately less than six months. I'd say based on the fact that it was candy sales, the amount of the check versus the cost it would take them to file collections, wouldn't be worth it.

Answer 8

They can take you to small claims court if they want. If you can't prove that you made good on the bounced check, you will have to pay them again plus the court costs.

Answer 9

I would call your bank and ask them. I doubt someone could do this after three years.

I would also call this place and question them on their booking practices. Three years is ridiculous.

Good luck.

Answer 10

7 years is the statute of limitations on credit issues.