Legal Question in Credit and Debt Law in Kansas
7 year old check
I have a company contacting me about prosecution (possibly criminal) on 2 checks that were apparently written to a fast food restaurant in January of 1999. Can they still attempt to collect on this debt and if they are able to if the court finds that I have indeed written the checks will I serve time in jail????
1 Answer from Attorneys
Re: 7 year old check
It is not likely that a prosecutor would file criminal charges on 7 year old checks. Only the state or federal government can bring criminal charges, NOT companies. Many people do not realize this, so collectors mention criminal prosecution as a threat. Theay are forbade from doing that by law. The Fair Debt Collection Practices Act (FDCPA) specifically prohibits it, and is the basis for more than one collection agency having to pay large civil fines to a debtor who was so threatened.
The holder in interest of the check may not even be able to bring a civil suit on the dishonored checks in Kansas. Unless there has been other activity, the time since the checks were dishonored may be too long to obtain a judgment.
Good Luck
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