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  1. #1
    Join Date
    Sep 2008
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    1

    Default Statute of Limitations for Collection on a Returned Check

    My question involves collection proceedings in the State of: California
    I received notice from the County of Santa Cruz DA advising me they would issue a warrant if I did not respond relating to a bad check. when i contacted them they advised me the check was written ini *1994*.

    I did in fact write the check and it was returned for NSF. Morally I am obligated to cover the check, I agree. But can they 1) make this arrest threat after all these years ? 2) prosecute after all these years ? 3) add the 100.00 fee after all these years ??

    It seems a little bit wrong, it has been at least 14 years since this occured and I have never left the state nor tried to hide from anyone. Any advise would be appreciated.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Statute of Limitations for Collection on a Returned Check

    If charges were filed back in 1994, the statute of limitations stopped running way back then.

  3. #3
    Join Date
    Nov 2008
    Posts
    1

    Default Re: Statute of Limitations for Collection on a Returned Check

    The person contacting you is not really a DA. There is a program administered by non-county employees. They are individuals that claim to have authority to "refer" checks to the District Attorney's office for prosecution.

    From my research, they are abusive debt collectors, seemingly free to be as abusive as they want using the name of whatever county's district attorney's office.

    They threaten to prosecute for fraud even when no fraud has been committed. Simply writing a bad check is not automatically fraud.

    A friend of mine, 70 years old, moved to another state and closed her bank account in California. She had written a $5.00 to a Von's market that didn't get paid. They threatened her with being arrested - in another state!

    There is nothing that can be done to you for a check that was written 14 years ago.

    Tell these people to stop all contact with you, your family and your neighbors.

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