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Using a Defense of Forgery to a Bad Check Charge

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  • 01-30-2012, 08:56 AM
    WyzrdX
    Using a Defense of Forgery to a Bad Check Charge
    My question involves criminal law for the state of: TX

    Background: My wife and I recently applied for a home loan(6 months ago) and withing the past 2 months we are getting collection notices from debts from 15+ years ago, most of which are already removed from our credit reports etc. All collection agencies are being contacted to dispute or confirm debts.

    Situation: We received 4 letters from the same agency stating we had criminal cases in Orange County, TX. After some research and phone tag, we contacted the courts to confirm these letters. Apparently there were 4 bad checks written in the summer of 1998. July to be exact. During that time I had lost my job and we were looking for a way to move. My Father in Law loaned us some money to move back to Ohio where he had me a job working for Ford. We left in June 1998. We had a few things left and my Cousins, who had been living with us, said they would keep everything. Eventually they brought everything to us and we never went back. According to the court, the bad checks were written in July 1998, over a month after we left. The clerk faxed the checks to us and it is obvious these checks had my wife's signature forged. The only 3 people who we think could have done it are my 2 cousins and 1 of their friends. Can we press charges for forgery since the checks are still in active warrant status? or since they were forged 13 yrs ago, is it too late and just hope the courts drop the warrants on my wife?
  • 01-30-2012, 09:00 AM
    Mr. Knowitall
    Re: Using a Defense of Forgery to a Bad Check Charge
    You are free to make a report to the police in the relevant jurisdiction to claim forgery, but after thirteen years you can expect that the statute of limitations has run.

    I suggest working with a lawyer in the county where you were charged, and to try to present whatever evidence you have of forgery to the prosecutor to see if they'll agree to dismiss the charges or otherwise offer an acceptable resolution.
  • 01-31-2012, 07:26 AM
    WyzrdX
    Re: Using a Defense of Forgery to a Bad Check Charge
    Spoke to the Clerk this AM and she is going to talk to the Judge who issued the warrants. She faxed us copies of the checks and they are definitely forged so she is going to see what can be done and get back with us.

    I did expect the SoL to be gone but wasnt sure since the checks are still in an active state.
  • 04-07-2012, 10:36 AM
    souperdave
    Re: Using a Defense of Forgery to a Bad Check Charge
    Argh mateys! Thar's a spammer troll afoot! :o
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