Legal Question in Criminal Law in Texas

I reside in Texas. Back at least 7 years I took out a payday loan. Now, I have a gentlemen calling telling me they are about to charge me with check fraud. Is this possible?


Asked on 5/25/11, 7:11 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

I'd need more facts, however this might just be a ardent bill collector.

First the statute of limitations on most felonies is 5 years. However, I have not researched the SOL on fraud.

Second most debt collection statutes (there is one in Texas plus a federal statute}, forbid debt collectors from threatening criminal prosecution.

If he calls again, tell him that you want all future communication from him in writing. (Debt collectors have to do this.)

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Answered on 5/25/11, 7:25 am
Sharita Blacknall The Law Offices of Sharita Blacknall, PC

Without having all the facts I will provide some general information.

I have handled several cases involving payday loans. I have set all of them for trial. I have had all of them dismissed. Here is why I think that has happened. A payday loan is a debt. The checks given to secure that debt is the issuance of credit to the person. The check acts as a promissory note.

There are several different statute that deal with check fraud, theft, and issuance of a bad check. I think that the statute of limitations has passed on all of the offenses for which I think you could be charged if there was a prosecutor that wanted to pursue this.

The statute of limitations is the time period that a prosecutor has to file a charge.

The statute of limitations on issuance of a bad check is 2 years; on felony theft for amounts above $1,500 the statute of limitations is 5 years; on felony fraud the statute of limitations is 7 years.

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Answered on 5/27/11, 1:17 pm


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