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  1. #1
    Join Date
    Mar 2009
    Posts
    5

    Default Theft by Check

    My question involves criminal law for the state of: Iowa
    Just curious how long they have to presecute a bad check in the State of Iowa. I know since it's a written document I can get a judgement against me up to 10 years, but want to try to steer clear of aggravating this collection company and not have them send it back for criminal prosecution.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Theft by Check

    Did the collection agency threaten you with criminal prosecution if you did not pay?

    For most crimes, Iowa's statute of limitations appears to be three years. That can be extended, for example, by time spent outside of the state.

  3. #3
    Join Date
    Mar 2009
    Posts
    5

    Default Re: Theft by Check

    yes they did threaten criminal prosecution if i didn't pay the check ASAP, but the check was written on February 2, 2006. So it's beyond the 3 years, and I haven't left the state in the past 3 years. So they really can't turn it over the DA can they like they threatened?
    Also this check was back from when I was into gambling big time. Have been recovering since, but have paid more attention to the credit card companies than the check companies, because for the longest time up until now. They had left me alone and figured I'd get back with them when the credit card companies were satified. Now this collection company Hall & Associates has come up and threatened criminal prosecution if I don't pay this check soon. They are wanting the original amount of the check $36 plus another 170 for incidental fees. Now according to the state attorney general web site unless if they pursue me in court they can't collect above and beyond $66. So technically should I bow to these guys and pay the full $206 or just wait for them to "send it back" to the client and settle with them then?

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Theft by Check

    Of course no one can tell you what they are going to do.

    They can still turn it over to the prosecutor who may or may not decide to prosecute.

    If the prosecutor does prosecute, then you need to plead the SOL.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Theft by Check

    Assuming this was a third party collection agency and not in-house collections, the collection agency's conduct may have violated the FDCPA. (Details here.)

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