Legal Question in Credit and Debt Law in Indiana

Statute of Limitations
I have received a letter from check processing bureau who is trying to collect on a check that bounced, that I barely remember writing. However he claims that back in 2001, when I was in college, I wrote a check to a clothing store in the amount of $80 and the check bounced due to ISF. Because of my poor decision making back then, that account has since been closed and erased off of check systems. I hadn't heard anything else pertaining to this bank since 2001. The guy claims that he has tried to reach me, but due to me moving several times since then, he is just now catching up to me. But because he has been unsuccessful so far, now he's saying that he plans to send my case to Criminal Court and proceed with Procedural Due Process to collect a fee of $200. My questions are... Can I really go to jail for this and is there a statute of limitations since this was allegedly 7-8 years ago? Also, since that bank account has been closed and is no longer on my record wouldn't that mean that all things pertaining to that acount is closed? Please help. I'll pay the money, Im just afraid of being prosecuted for my immaturity as a college student.

Asked on 11/21/08, 8:09 am

Samuel Hasler Samuel Hasler

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Re: Statute of Limitations

Okay, a few things:

1. Procedural Due Process means nothing in this context.

2. Collector cannot use criminal system to collect a debt.

3. Unless the claim is for forgery, the criminal check deception statute is a misdemeanor and generally that is a 2 -3 year statute of limitations.

4. You do not say whether you have lived in Indiana all these years or not, that will change the general rule on statute of limitations.

5. Get yourself to a lawyer who does Fair Debt Collection Practices litigation.

Answered on 11/21/08, 1:57 pm

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