Can someone wait 3+ years to make me pay for bad checks?

Question

My landlore from like 3 or 4 years ago is trying to make me pay back rent, that I believe was already paid. He sent me a letter saying he had some bad checks on me + the papers I signed. He is asking for over $4000. I don't have the receipts anymore. Is this even legal in state of Tennessee?

My boyfriend at the time said he had paid what was owed... I am not in contact with him anymore but the lease was in my name... and the back rent was maybe for a month or two (no more than 1700 but my landlore is asking for over 4000 dollars... What do I do??

Answer 1

A bad check is not a credit card debit. If you passed them, you broke the law. Ask him to provide the copies of the bounced checks, look them over and make payment arrangements. Reciepts only come into play if you redeemed a bad check; in which case the law will wonder why you didn't get the check back.

To the poster below who thinks passing bad checks is not against the law in TN:

Tennessee Bad Check Criminal Statute

Tennessee Code
Section 39-3-302
(a) A person commits an offense who, with fraudulent intent or knowingly:


(1) Issues or passes a check or similar sight order for the payment of money for the purpose of obtaining money, services, labor, credit or any article of value, knowing at the time there are not sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order, as well as all other checks or orders outstanding at the time of issuance; or
(2) Stops payment on a check or similar sight order for the payment of money for the purpose of obtaining money, services, labor, credit or any article of value; provided, that such money, credit, goods or services was as represented at the time of the issuance of the check or similar sight order.
(3) This subsection shall not apply to a post-dated check or to a check or similar sight order where the payee or holder knows or has good and sufficient reason to believe the drawer did not have sufficient funds on deposit to his credit with the drawee to ensure payment.

(b) For purposes of this section, the issuer's or passer's fraudulent intent or knowledge or both of insufficient funds may be inferred if:


(1) The person had no account with the bank or other drawee at the time the person issued or passed the check or similar sight order; or
(2) On presentation within thirty (30) days after issuing or passing the check or similar sight order, payment was refused by the bank or other drawee for lack of funds, insufficient funds or account closed after issuing or passing the check or order, and the issuer or passer fails to make good within ten (10) days after receiving notice of that refusal.

(c) For purposes of subdivision (b)(2), notice shall be in writing, and, if the address is known, sent by certified mail with return receipt requested, and addressed to the issuer or passer at the address shown:


(1) On the check or similar sight order if given; or
(2) If not shown on the check or similar sight order, on the records of the bank or other drawee if available.

(d) If notice is given in accordance with subsection (c), it may be inferred that the notice was received no later than five (5) days after it was mailed.

(e) Notice shall not be required:


(1) In the event the situs of the drawee is not in Tennessee;
(2) If the drawer is not a resident of Tennessee or has left the state at the time such check, draft or order is dishonored; or
(3) If the drawer of such check, draft or order did not have an account with the drawee of such check, draft or order at the time the same was issued or dishonored.

(f) The offense of issuing or passing worthless checks is punishable as theft pursuant to 39-14-105. Value shall be determined by the amount appearing on the face of the check on the date of issue.

(g) Nothing herein shall be construed as amending or repealing the Fraud and Economic Crimes Prosecution Act, pursuant to 40-3-201. [Acts 1989, ch. 591, 1; 1990, ch. 1030, 20.]


According to the state, it is punishable as theft.

Answer 2

Good news - the landlord has the burden of proof.
He has to show you:
A) The checks that were 'bad'.
B) Prove that the checks were deemed 'insufficient funds'.
C) That he issued a letter at the time of your departing as a tenant, saying that your account was in arrears.

Bad news - even if the checks were supposedly written by your ex-boyfriend, the fact of the matter is that it was YOUR name on the lease agreement. This means it is YOUR responsibility to pay up if something's still outstanding.

If you have a copy of the rental agreement with that particular landlord, look at the fine print regarding how 'overdues' are to be collected. It may state a flat fee for NSF checks; it may indicate an interest appended to the principle owing. (Most landlords use the flat fee approach, but yours might have been a little sharper than the average!)

If it's the 'flat fee', then you owe the rent money plus whatever the flat fee is ... and no more.

Also check on statute of limitations for Tennessee - there may be something there regarding obtaining relief. (If he's only chasing you now, after at least three years, it might be because that statute is breathing down his neck!)

Finally - look at your checks. There's a 'best before' date imprinted on them somewhere ... typically, a bank will only honor a personal check if cashed within six months of the date it is listed as payable. If he tried to cash them after the six months were up, then the problem isn't yours ... it's his. In this case, you'd probably only be on the hook for actual rent owed ... not even any NSF charges.

Answer 3

If TN is like my state, he MUST be able to validate (prove) his claim. That means he has to produce documentation that the checks were rejected due to insufficient funds in payer's (your) account. You need to send a business-like letter to him, asking for documentation of his claim - do this within 30 days of the date of his letter. Be sure to send as certified mail so you have proof of mailing/delivery.

AND, call the TN state attorney general's office and ask for the office that deals with debt/collections issues.

Good luck!

Answer 4

If you wrote him a check, a personel check has to be cashed in so many days before it is considered expired, look at the back of your checks to see the expiration date and also check with the bank to see if the checks were even tried to be cashed in that time frame.

Answer 5

you should easily be able to go to your bank from that time and ask for copies of the checks you wrote to your landlord.

i think financial institutions are required to keep records around for seven years.

if you see that the checks were cashed, you will also be able to see what bank account redeemed them.

just get a paper trail and then tell you old landlord to take a hike!

with regards to the above comment, bouncing checks is not against the law unless fraud is involved.

you're not in trouble.

Answer 6

Check on statute of limitations. I think there is a one year limit on bad checks.
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Answer 7

check what the statute of limitations are he may or may not be past this.