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Zoey, JD
Zoey, JD, Criminal Defense Lawyer
Category: US Law
Satisfied Customers: 23561
Experience:  Over 20 years of high volume criminal defense work,including all aspects of a case from arraignment to plea or trial.
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What is the statue of limitations on a bad check in alabam

Customer Question

What is the statue of limitations on a bad check in alabama
Submitted: 3 years ago.
Category: US Law
Expert:  Zoey, JD replied 3 years ago.
Hello,

My name is XXXXX XXXXX I am a US lawyer.

You have two years from the due date on the check to sue someone in Alabama for a bad check, three years if the check is a certified, cashier's, or traveler's check. After that the statute of limitations would run out on a civil suit.

The criminal statute of limitations would be one year from the due date on the check, if the check is for less than $500. $500 or more, would be a felony in Alabama and the statute of limitations would be 3 years, after which it would be considered too old to be prosecuted.



Customer: replied 3 years ago.
it's been a year and I have.t heard from them I have never been in trouble before and I have a payment of $184.00 on it
Expert:  Zoey, JD replied 3 years ago.

Hi,

If you are saying that you wrote a check for $184 and nobody has come after you yet for that, then they have a total of two years from the due date on the check to sue you to get their money back. That gives them one year left.

As far as getting you arrested, they could not prosecute you now if the due date on the check is over a year old. The exception to this is if they did file charges back when it happened but you didn't get notice of it. If there's a warrant out for your arrest because of this, that warrant would never expire and your case could still be prosecuted.

Customer: replied 3 years ago.
No it was $2000 check and it was dated 1year and 2 months ago I made a payment of $184.00 on it I just want know if you think they will still prosecute me
Expert:  Zoey, JD replied 3 years ago.
Hi,

Thanks for clarifying. That changes the picture.

If this was a $2K debt then it would be a felony and Alabama could have you arrested for passing a bad check for three years. Normally the three years would run from the due date on the check, as I indicated, which would mean that you would have a little less than 2 years left for them to find you and come after you. However, you paid them some money. And paying them acknowledges and renews the debt. By that I mean that the three years would now start to run from the date of your payment to them.

While I cannot possibly predict the future for you, $2,000 is enough money for a creditor to want to pursue. I do not think you are safe from prosecution at this time.

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