Legal Question in Criminal Law in Florida
statue of limitations for writing bad checks in FL
I recently received my credit report and it seems that I have some bad checks that have been forwarded to a lawyer that handles collections. The checks are 3 years old. He says that if I dont pay right now, criminal charges will be filed. Can he do this?
2 Answers from Attorneys
Re: statue of limitations for writing bad checks in FL
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
No, while the checks are within the statutes of limitations for prosecution, an attorney is prohibited from threatening criminal prosecution if you fail to pay. First of all, the attorney cannot file criminal charges as only the State of Florida can. Secondly, the Florida Bar prohibits such threats.
Scott R. Jay, Esq.
Re: statue of limitations for writing bad checks in FL
No.
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