Legal Question in Credit and Debt Law in Texas
Statue of limitations
I need to know if I had an NSF check in the State of Texas, that was turned over to a collection agency. What is the statue of limitations on that, if they can send it off for prosecution. I am trying to make payment arragements with them, but its not working out, and I need to know what kind of time I'm working with.
2 Answers from Attorneys
Re: Statue of limitations
If the check was given for the contemporaneous sale of goods or services, that would be theft by check. If it was simply a payment made after extension of credit, that's purely a civil matter and there won't be any criminal charges.
The statute of limitations is four years from the date of the check, or the date the payment was due.
Re: Statue of limitations
The civil statute of limitations is 4 years; however, the civil statute of limitations is tolled for each day that you are outside the State of Texas.
The criminal statute of limitations is 5 years if the offense is a felony or 2 years if the offense is a misdemeaner. Whether it is a felony or misdemeanor would depend upon the amount of the check.
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