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  1. #1
    Join Date
    Jun 2007
    Posts
    2

    Default Cashed A Cancelled Check

    In 2002, i received a payroll check from a temp agency. i cashed it at a check cashing place.

    I received a letter recently stating that I owed the amount of the check plus a $1000+ fee charged by the state.

    Apparently the check writer had canceled this check and issued another, which I also cashed. This collection agency stated that the check cashing company had an audit which revealed sever thousands of check fraud cases like mine and are assigned to collect the amount owed, plus a state fee. This was over 5 years ago, so dont remember the specifics...but i am an honest person and would not intentionally do something like this. However, if i had been notified that the check was returned or canceled at that time, it would have been taken care of.
    I was not notified until now, over 5 years later.

    Am i liable for more than the $350 check?? I understand I received the money for the check and will pay that back, however I do not think it is reasonable that I should pay $1000+ in fees.

    What is the statute of limitations on check fraud like this?? Also, how can i get state fees waived???

    Or should I just ignore this agency and let it go to court, since I had no bad intentions when cashing this check??

    HELP!!

    thanks,
    a stay at home mommy without and extra $1000

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Cashed A Cancelled Check

    You bounced a check. Your state's laws would likely dictate the bad check fee that can be assessed, and interest would accrue most likely according to your contract with the check cashing store.

    Given that the check was reissued to you and you cashed it again, why didn't you figure out that one of the checks wasn't supposed to be issued? Why was the check cancelled in the first place?

    You will have to look up your state's laws to determine the statute of limitations, as you didn't follow the instruction to identify your state.

  3. #3
    Join Date
    Jun 2007
    Posts
    2

    Default Re: Cashed A Cancelled Check

    At the time, I was working with a couple of different temp agencies, which were all sending me checks. Also, the temp agency in question was issuing me 2-3 different checks for different jobs I was completing for them. So to get more than one payroll check was very common.

    I was hoping someone on here could assist me with finding the statute of limitation and other california state law information, as I am unable to find anything that fits this specific situation.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Cashed A Cancelled Check

    If you had identified your state as instructed, that might have happened.

    Determining what statute applies and whether anything has occurred which might cause it to be extended is more than can be offered in this context. Multiple limitations periods can apply. In general, the statute of limitations in California for a claim based on a written contract is four years.

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