Bad check SOL

Can anyone tell me what the SOL is debt collection for a bad check? The debt collection letter does not say that it was a check, it just says account but I know I bounced some checks written in Missouri (5 or 6 years) when I lived there. I now live in Colorado and am not sure which statute to use.

Colorado Statutes of Limitation
Domestic and foreign judgments: 6 years and renewable each six years. Note: If for child support, maintenance or arrears the judgment (lien) stays in effect for the life the judgment without the necessity of renewal every six years.

All contract actions, including personal contracts and actions under the UCC: 3 years (C.R.S. 13-80-101), except as otherwise provided in 13-80-103.5; All claims under the Uniform Consumer Credit Code, except sections 5-5-201(5); All actions to recover, detain or convert goods or chattels, except as otherwise provided in section 13 -80-103.5.

Liquidated debt and unliquidated determinable amount of money due; Enforcement of instrument securing the payment of or evidencing any debt; Action to recover the possession of secured personal property; Arrears of rent: 6 years, (C.R.S. 13-80-103.5)
Missouri Statutes of Limitation
Written agreement that contemplates the payment of money or property: 10 Years, (Mo.Rev. Stat. §5l6.ll 0). NOTE: Under certain circumstances, the contractual statute of limitations may be reduced to five years.

Open accounts: 5 years, (Mo. Rev. Stat. §5l6.l20).

Sale of goods under the UCC: 4 years. NOTE: The statute begins to run from the date when the breach occurred for contracts and from the time of the last item in the account on the debtor's side for actions on accounts

Can't find MO bad check SOL but CO is covered under Title 4 of the UCC
Bounced Check 3 years SOL 4-3-118

We had an unfortunate incident with a check written almost 7 years ago recently. It was something simply forgotten about and when we moved back in the area we thought that we had everything fixed, we didn't. My husband spent a good 3 hours in County Jail over a check written in 2002 that was for around 15 dollars, it ended up costing us about 350 dollars because I did have to post bail.

I admit it was our mistake, it should have been written down somewhere in the check book but it wasn't and we moved out of state and it got overlooked.

So if at all possible you should take care of this. Legal ramifications can happen at the most unsuspecting times. I'm not saying it will happen, just that the possibility could be there.

Thanks Nascar. I will search for the right DV letter to send them certified. It has definatley been over 3 years. I've been in Colorado for 3 years so I would assume Co SOL should apply.

FYI - Jail? Really, for a $15 bounced check? What state did this happen in?

When my wife worked in Home Depot's book keeping, she made weekly trips down to the JP's office to have warrants issued. No check was too big or too small

Same thing for me Nascar when I worked doing bookkeeping for a local grocery store we made trips very often to issue warrants for bad checks and you're right no amount was too small or too big for us to issue one.



Johnita

In Texas. From what I understand is they have a certain amount of time to send the check in to the JP, as long as they make it within that dealine then there is no SoL on the warrent that is issued. So if you get pulled over in MO and it pops up they can cart you off.

You might want to call around where you used to live and see if there is anything like that.

What does JP mean? There is a Missouri personal public records website, nothing there. The collection agency sending me collection letter is NAFS out of New York (but licenced to collect debt in Colorado) So confusing as to which states laws should apply.

Missouri also has time frame procedures for presenting checks for prosecution. The same collection agency has been reporting the check as owed on my credit report since 8/2003 when it says it was placed for collection. Should I DV the CA for a copy of the check or is sol a valid dispute to send back to the collection agency along with cease and desist?

To be on the safe side I would send a DV letter. If they can DV it send them another letter back with the SoL claim along with a C&D. Then look into the legal ramifications if any.

JP is justice of the peace.

"In Texas. From what I understand is they have a certain amount of time to send the check in to the JP, as long as they make it within that dealine then there is no SoL on the warrent that is issued. So if you get pulled over in MO and it pops up they can cart you off."
FYI good post! All I can say is


I know that bounced checks we are not able to collect on when sent to DA here in CALI
many years later
we receive checks from the state for as little as $10 a month for restitution payment
many of these people eventually get pulled over and have outstanding warrants from years ago
I received a payment today for a 1997 bad check
I don't think they ever go out of owing and reason for getting hauled off to jail if you only had a burned out tail-light you will get hauled in if you bounced a check &
if it was turned into the DA?And they have the record on file of you writing as bad check and never made restitution?

Posted: Wed May 27, 2009 8:31 pm Subject:

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To be on the safe side I would send a DV letter.
okay FYI sorry to ask and question the post of such a nice and very respected member here BUTTTTTT???
why does someone who wrote a check that bounced get the "give me" DV letter? If the check you wrote bounced it aint about vailidation later on it is about honering the debts you incurred...sorrry if this post offends anyone? there is no DV if you wrote a physical check for the transaction you yourself purchased...I.d. might be required but never D.V.---i.e. you made purchase and wrote the check and your i.d. driver liscense was verified?

I think it should be known that DV letter is very important even if I know I wrote some bad checks. The DV letter resulted with no action or reponse but I can see that my credit report shows, for the same CA, four different collection accounts all for the same check. (All the same amount) If they did not send a reponse to my DV letter request, can I sucessfully dispute it with the credit bureaus?

okay another question? Isn't from former posts i read-- FYI 's hubby a C.O.? Don't they do extensive background search in whatever state they hire you in? How does someone who gets put in jail for a $15 bad check from years ago also get hired as a correction officer? (Or get arrested for a $15 check they chose not to honor their debt on? ) So much for background research on character? Get a DV for a $15 check you bounced? That is just messed up and why so many debtors and collectors have soooo many problems in my opinion...anyone who tries to be honest and honorable has to deal with the muck of these type of people..sory j.m.h.o.!!!