Legal Question in Credit and Debt Law in Pennsylvania

Bad Check written over 5 years ago

My husband wrote 2 checks (long story) in Dec. of 1999, I think they amounted together close to 8000.00 for cattle. In 2000 we filed Chapter 13 Bankruptcy, and after about a year couldn't keep the payments for it up and it was dissolved or whatever they call it. In June 02 we talked to the people who the check was written to's lawyer as we got a letter stating civil action and that we were in default for not responding and a judgement could be filed if we didn't respond. We sent him a check for 50. (the attorney) as payment, after that we forgot and never did anything since. Now they are filing with teh District Justice for a bad check...do we have any recourse for the statute of limitations? What are opinions and what will happen if no limitation and we are found guilty. BTW, my husband wrote the check and signed my name as he was on our account but not written on the top of the check...they are filing the claim against me.


Asked on 3/08/05, 2:37 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Bad Check written over 5 years ago

The statute of limitations may or may not be applicable in that your payment of $50 in 2002 may have extended the statute. You personally have a defense, however it rests on saying your husnabd committed fraud. A lawyer may be able to negotiate the debt down or if necessary defend you against the claim. I offer free consultations.

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Answered on 3/08/05, 3:13 pm


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