Legal Question in Criminal Law in Virginia

Check Fraud/Worthless Checks

I am in the process of filing bankruptcy, I wanted to make sure that I had listed all debts that I owe on the paperwork. After speaking with a friend, that had previously filed bankrupt, He explained to me that when he filed he didn't know he had an outstanding unpaid check that was turned over to a check recovery collection agent. He ended up having to pay back the check after his bankruptcy was final. On this advice I elected to call all the local check recovery collection agencies to make sure that I didn't have any outstanding checks. It just so happens one of the collection check recovery agencies found my name from an old checking account I had 9 years ago.They told me I had 8 checks returned for insufficent funds. The amount of the 8 checks was $230.00, they were all written to the same grocery store. They said they could procecute me for check fraud because the checks were written like everyday or every other day. Can they do this after 9 years ? If so can the recovery agency do this or would the store have to prosecute? I asked for the stores info. but was told they had nothing to do with it any longer. They flagged my checking account I have now so that I would be declined if I tried to write a check anywhere.


Asked on 12/02/04, 9:36 am

1 Answer from Attorneys
Tommy Smith Law Offices of Tom C. Smith

Re: Check Fraud/Worthless Checks

The statute of limitations in VA on a bad check is one year from the date of the check. Don't let them scare you.

You can also add creditors to a bankruptcy after it has been filed or completed. If you just forget to put somebody on there, your lawyer can add them later.

Don't listen to the check people and don't listen to your friend. Consult with a lawyer.

Read more
Answered on 12/02/04, 9:42 am


Related Questions & Answers

More Criminal Law questions and answers in Virginia