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Is this leagal

my sister told me lastnight that her husband got a letter in the other day stating that he had so many days to pay a hot check or there would be a warrant for his arrest. This check was written in 1997 for $5.00 and he ended up paying $170.00. My question is why are they coming after him now after all these years and is this really leagal looks like there would be a statues of limitationsor something.

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Asked by heavenlypeace at 9:15 PM on Jun. 5, 2009 in Money & Work

Level 4 (37 Credits)
Answers (8)
  • Writing bad checks is a felony, and if they move around a lot, it probably took them that amount of time to locate them.

    Answer by 2-1CavWife at 9:18 PM on Jun. 5, 2009

  • I'm pretty sure it's legal, yes. He wrote a bad check, and depending on who he wrote it to and how many times he's moved, it could take a while to catch up. Plus, how many other letters has he gotten giving him an opportunity to settle the debt before it got to this point? I don't know if there is a statute of limitations, but I would imagine it is similar to having something on your credit report, it would be several yrs.

    Answer by tropicalmama at 9:21 PM on Jun. 5, 2009

  • Yes it is legal, but your spelling is not tee hee =) We live in the US, they do what they want

    Answer by MammaBella at 10:04 PM on Jun. 5, 2009

  • Depends on the state. In TN they only have 2 years to take out a warrant. BUT if they do take out the warrant within 2 years, it never expires.

    Answer by customcat2000 at 12:42 AM on Jun. 6, 2009

  • Obviously it's legal because it is happening. Although it is not "leagal", not really sure what that means. lol

    Answer by Anonymous at 3:30 AM on Jun. 6, 2009

  • actually I seen a show about a scam that sounds well exactly like this people couldn't remember back that many years and got freaked out and just paid it.... I would call whatever bank, collection agency ect.... and see if it's legit if it doesn't seem right. The people that were scammed were screwed over and the "company" had their signature and everything.

    Answer by Anonymous at 4:16 AM on Jun. 6, 2009

  • Call before you pay.

    Answer by ajguinn at 9:35 AM on Jun. 6, 2009

  • i dont think there is a statute of limitations. but each state is different. If i was them i would contact the prosecutor office and make arrangements to make payments before they did place a warrent. If they ignore it, they will go to court. 5 bucks is a misdemeanor, it isnt a felony until YOU write the check for 250.00 and over. court cost and fines do not count as part of the the charge, but you have to pay it regardless. i know this came out of now where but make arrangements and pay the charges off so you can rest easy knowing you wont be sitting in jail if pulled over and you might have the kids with you...bad, bad bad...especially over a 5 dollar check!

    Answer by Anonymous at 9:40 AM on Jun. 6, 2009

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