SOL on NSF Checks?

Once a check goes into collection, per the FTC, it is considered a debt. The SOL is the same on checks as it is for any other debt and varies per state.

Also, in states where and NSF check is a violation of law, it is a misdemeanor and the SOL for the crime is the same as any other misdemeanor.

Ex: Texas - SOL on misdemeanor is 2 years. That means that the DA cannot prosecute after 2 years from date of check.

The SOL on debts is 4 years. Once a check is 4 years old it is no longer collectible.

 

Ex: Texas - SOL on misdemeanor is 2 years. That means that the DA cannot prosecute after 2 years from date of check.

The SOL on debts is 4 years. Once a check is 4 years old it is no longer collectible.
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I have a check that started being reported to Merchants Recovery Services 10/98 and here it is 7/2002.

From my understanding above is that the DA can not prosecute is this correct??? Is it true that the SOL will have expire in 10/2002 as far as collections???

Lastly, if the CA or CRA still reports or attempts to collect are they in violation if it is past the 4yr SOL mark????............Does the 7yr reporting of negative items still apply??????

 

The State of Georgia imposes both civil and criminal penalties against any person who issues a bad check.

Under section 13-6-15 of the Official Code of Georgia, any person who issues a check which is refused by the drawee for lack of funds or because the maker has no account with the drawee, and fails to pay the face amount of the check in cash to the holder within ten (10) days after a written demand for payment has been delivered to him by certified mail is liabile to the holder, in addition to the face amount of the check, double the amount owed, but not to exceed $500.00, service charge not to exceed $25.00 or 5% of the check amount, whichever is greater, and any court costs incurred by the holder if legal action is taken.

The written notice required must be sent to the maker at the address shown on the bad check by certified mail, and substantially in the form provided under section 13-6-15(c), which is reproduced below for illustration purpose only:


"You are hereby notified that a check or instrument numbered ___________, issued by you on _____________(date), drawn upon ___________(name of bank), and payable to _______________________, has been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of $25.00 or 5 percent of the face amount of the check or instrument, whichever is greater, the total amount due being $___________. Unless this amount is paid in full within the ten-day period, the holder of the check or instrument may file a civil suit against you for two times the amount of the check or instrument, but in no case more than $500.00, in addition to the payment of the check or instrument plus any court costs incurred by the payee in taking the action."

A person is presumed to have committed the offence of deposit account fraud if he issues a check knowing that it will not be honored by the drawee because he had no account with the drawee bank or if he had insufficient fund in his account within thirty (30) days of its presentation for payment and failed to tender to the holder the amount due and service charge within ten (10) days after receiving a written notice that the check is dishonored. (Section 16-9-20.) The form of notice must be substantially in the form provided under subsection (a)(1)(B) of Section 16-9-20 of the Official Code of Georgia and sent to the maker by certified or registered mail with return receipt. Violation of this statute may subject the maker of the bad check to criminal prosecution of a misdemeanor if the amount of the instrument is less than $500.00, and of a felony if the amount is $500.00 or more.

Found on www.lawdog.com

 

I have a check that started being reported to Merchants Recovery Services 10/98 and here it is 7/2002.

From my understanding above is that the DA can not prosecute is this correct??? Is it true that the SOL will have expire in 10/2002 as far as collections???

Lastly, if the CA or CRA still reports or attempts to collect are they in violation if it is past the 4yr SOL mark????............Does the 7yr reporting of negative items still apply??????
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No the DA cannot prosecute. The SOL on the check probably expires prior to 10/98. If the CA got it 10/98, the original business probably spent 1 - 3 months trying to collect from you. The SOL is based on the date the check was written which means it may already be past SOL
They can leave the derrog. They cannot collect. This is where you really have some bargaining power. You can tell the CA that the debt is legally uncollectible and that the only way they will EVER get a nickel out of you is to send letter promising deletion and the UDF!
Yes, the 7 yr rule applys.

 

Oh, one more thing... the CA will try to tell you that the SOL is 7 yrs. It is not. If you need legal reference to the 2 SOLs, I am sure that I can find them for you.

(Can you tell, I am an ex-Texan?) LOL

 

One little tidbit I can offer on this, in SC if a warrant has been issued on a bad check and it wasn't responded to, the warrant remains open indefinitely.

That's how a lot of them are collected, from folks being stopped for a traffic violation and then arrested for the outstanding bad check warrant. And we confirmed with the local magistrate that they do actually arrest.

Obviously, all of that is contingent upon the merchant having gone through the process of obtaining the warrant rather than only dealing with the check as a civil matter.

DemPooches

 

In Texas, if a warrant is issued within that two year period, it remains an active national warrant if the check and current fine are not paid. Even if you pay the check, the warrant remains outstanding if you have not satisfied the county fee with the DA or Justice of the Peace.

A former co-worker went to get her drivers license renewed and was arrested on the spot for an outstanding check warrant in Dallas County that was 5 years old.

For complete details regarding your state, I would check with the District Attorney's office for the county where you reside.

 

THx SCMomof5..........because I was very hesitatant to even ask for validation of this particular tradeline.

Oh yeah what is UDF????

 

for the purpose of establishing the time frame for the SOL:

are nsf checks considered WRITTEN CONTRACTS or OPEN ENDED?

tia

 

So, in other words, I need to do a background check on myself to verify if there is an open warrant (whether state, city, or county)???

I have been stopped for a traffic violation in another county (Greenville) and I also renewed my license after purse was stolen. No mention of warrant as of yet not to speak tooooo soon though.

 

I responded to my warrant and asked for a jury trial. Two years later, I filed a motion for dismissal for lack of prosecution. They had exceeded the "speedy trial" requirement.

Home free!

The check was written 4.5 years ago. AAA Collectors has been trying to collect on the debt. I have sent the validation, second request for validation, estoppel and am now sending the intent to sue. First off, AAA Collectors was banished from doing business in the state of Texas months before the check was written. Second, they sent me an intent to sue, yadda yadda, garnish wages, yadda yadda letter which is definitely a violation of the FDCPA. They wrote the letter in Feb of 2001. Hmmm it is July of 02, no suit... besides they cannot threaten garnishment, it is illegal in SC (where I currently live) except for Child support and taxes.

 

What is the sol on
photo copied checks returned for NSF?