I was wondering if there is a statue of limitations on a theft by check. My hubby got a letter yesterday stating that a warrant had just been issued for his arrest for a bad check. We were puzzled because we hadn't wrote a bad check. Well, long story short, called to find out about the check and it was dated Dec. 1996 for 63.00, they couldn't tell us who the merchant was. My question is, why would someone wait 7 years, then prosecute on a check that old? Would the same statues for debts apply in this case? I live in Houston Texas, Harris County. In help would be greatly appreciated, although we plan on just paying it on Monday. It's gonna cost 300 bucks for a $63 check. Thanks
i don't know the SOL in texas but i definitely wouldn't recommend you paying something you dont remember. it could be a scam. work with both law enforcement and the CA to get a copy of the check.
Thanks Jen, but I am worried about procratinating because a warrant has already been issued and by the the time we post a bond and hire an attorney we will be out of more than $300. My hubby can't go to the court and try to find out any information on the check and risk being arrested.
Seems to me they got you right where they want you because you're running scared just like they planed it.
1*they couldn't tell us who the merchant was. SoSo71 ===================== Why not it's on the check? ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
2*we plan on just paying it on Monday. SoSo71 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> 2*Do you plan on paying it more than once?Could happen if you just pay it.
3*My hubby got a letter yesterday stating that a warrant had just been issued for his arrest for a bad check. SoSo71 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> 3*A letter from who. So you got a letter does that make what it says true?
1*How do you know that for sure?????? 2*No but you or somebody else can. ----------Anybody has the right to examine public records, That's why they call them public records!-----------
This doesn't add up. First, the check is well out of SOL: http://www.co.lubbock.tx.us/CDA/statute.htm What police agency or prosecutor would issue a warrant??? Who is the letter from? It sounds illegal as hell.
$63 HERE...$29 THERE...$15 FOR SOMEONE ELSE... GOOD WAY TO COLLECT SCAM MONEY...it is just a SMALL amout...lets just pay it!!!!
Re: Re: Theft by Check Making false statements by a debt collector in order to collect a debt are very illegal: FROM THE FAIR DEBT COLLECTION PRACTICES ACT: False statements. Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not: falsely imply that they are attorneys or government representatives; falsely imply that you have committed a crime; falsely represent that they operate or work for a credit bureau; misrepresent the amount of your debt; l indicate that papers being sent to you are legal forms when they are not; or indicate that papers being sent to you are not legal forms when they are.
After I pay the check to the business it was written to and the business cashes the money order, can the CA sue me? bubbles23 =============== The ca the oc and anybody else having a copy of the check can sue you if you you don't get the original check back before you pay. This is just one of the many many many reasons not to pay before getting the Orig. check back ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~ ~ ~ ><- <>- ><- <> More about this at this thread link. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=56516
Re: Re: Theft by Check NO ONE CAN SUE YOU AND WIN ON AN EIGHT-YEAR OLD BAD CHECK. NO ONE CAN PROSECUTE YOU FOR AN EIGHT-YEAR OLD BAD CHECK. YOU CAN SUE THEM AND WIN FOR TELLING YOU THAT THERE IS A WARRANT FOR YOUR ARREST BASED ON AN EIGHT-YEAR OLD BAD CHECK. Why you would consider paying anyone that tells you that they have an arrest warrant based on an eight-year old check is beyond me. If a warrant actually exists, you would be hearing from the Prosecutor, police or sheriff, not the CA. The tone of your posts has "sucker" written all over it. A Cease and Desist letter with a threat of an FDCPA suit is the only thing you should be sending to the CA.
Re: Re: Theft by Check Hold your water there kiddo. Don't just go off paying this. This whole thing sounds filthy to me. Best be finding out what court claims "subject matter jurisdiction" to issue an arrest warrent for an SOL debt. FDCPA includes in the definition of "debtor" the debtors spouse. YOU can ask the questions and get answers. Checks are debts via FDCPA. My guess is this came directly from a CA. (Let's hope. The punative damage award would be staggering. If this is the case, I'll fly out there, move in with you guy's and help you push your case). LOL Also - hang out with us more than you have been. You joined in 02. .
Re: Re: Theft by Check Thanks for the replies. First of all the letter wasn't from a collection agency. It was from an attorney that has access to the records, that's how we found out. We then called the Harris Count JP court that issued the warrant and verified that a warrant was indeed in effect. Then we called another completely different JP court and also verified that the warrant was valid. So we know for sure that someone wants to prosecute on this old check, but what can my hubby do to insure he's not arrested, besides spending money to post a bond and paying a lawyer to represent him over a 63.00 check that was written Dec. 96.
Re: Re: Theft by Check Well in that case SoSo, I wish I knew how to advise. I don't know anything about Warrents. There are some law enforcement people around here, and an atty. too. Maybe they can weigh in. Flacorp is one.
Re: Re: Theft by Check Thanks Butch, I'm ready to personnally fight this for my hubby. We are going to post a cash bond Monday, so that we can get all of our money back after the case is over. I simply refuse to pay this now.
Re: Re: Theft by Check I paged sahlegian, He's a cop. He should be able to help sort some of this out. I think there's something weird goin on here. One of 2 things is apparent; 1) The Warrent was issued a LONG time ago, or 2) The Warrent was issued RECENTLY In the case of #1 why isn't there an SOL on warrents? Are they good indefinately till something happens? In the case of #2, how the hell can they issue a warrent on something so old? Geez. Relax SoSo, we'll figure somthin out. .
Re: Re: Theft by Check Butch, I'm assuming the warrant was issued recently. Whenever my hubby gets a ticket, we instantly start getting letters from attorneys ready to represent. I guess it's those public records that they are accessing daily. Since we just got this letter yesterday, I assuming it's a recent warrant. I'm pretty sure it is.
Re: Re: Theft by Check Yea, that makes sense. Somebody issued a warrent on a POST SOL "debt". What state ya in Soso? ??? In any event, we'll want to be patient till we hear from Sah.. May not happen for a day or 2. In the meantime tell hubby not to get pulled over for a traffic problem. lol .
