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?
2 Answers from Attorneys
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.)
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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