Legal Question in Credit and Debt Law in Alabama

There are several things you are going to need to do. You will need to submit an affidavit of forgery to the bank, the prosecutor, and the court. You also need to locate the records that show you reported the theft back in 1997.

It is possible that you will need to turn yourself in at the city, post a bond, and get a court date to straighten this out. The city has the burden of proving that you were the one who wrote the check, and if they insist on prosecuting the case then they will have to bring someone to court to identify you as the person who wrote the check. If you did not write it, then obviously the person who took the check did not write down the drivers license information of the person writing it. However, if you retain a lawyer to deal with this before you are arrested, it is possible that he may be able to get the city to withdraw the warrant so that you can pursue identity theft charges against whoever wrote the check. You'll need to talk to an attorney about the details on how to do this.

Your post does not say whether the warrant is over a check written in 1997, or if someone wrote the check in 2010. If the check was written in 1997, then the charge is also subject to dismissal for not being brought within the statute of limitations or for violating your right to a speedy trial.

Although you posted this under debt collections, this is actually a criminal law matter. I would suggest you contact an attorney who handles criminal defense and who also has experience dealing with identity theft. If someone is writing checks in your name, you may have more charges like this coming up in the future. They may have also taken other steps to steal your identity.

Our office handles criminal defense cases as well as deals with identity theft issues. If we can be of assistance, please give me a call or send me an email through the contact form on my website. You can provide more details about your situation privately at http://williampfeifer.com/contact, and I'll be able to discuss the matter with you in more detail.

Good luck to you, and let me know if we can be of assistance.

William L. Pfeifer, Jr.

http://williampfeifer.com

(800) 737-3702 Ext. 1