Can I be arrested for a bad check that I wrote to a payday loan company 6 years ago?
Question Details:
An attorney's office just called about NSFcheck for a payday loan at least 6 years ago (WA state), I think it was $500 and now $1200. They say I need to take care of it in 2 days or they will charge me with felony. I am not working and receive state assistance. I have a 3 yearold, have never been in trouble, and am very scared I will go to jail.
Potentially the statute of limitations for a criminal and even a civil action has run after the passage of six years from when you wrote a check for insufficient funds. You should do some research with your states civil and criminal laws as to the statute of limitations for the district attorney's office to file a criminal action after the passage of six years regarding what you did.
Your county bar association may have a program where attorneys volunteer time to help people like you.
I am concerned about an attorney's office calling you demanding payment for the check in two days and if not paid, they will charge you with a felony. Many states have ethical codes for attorneys. One such code is that an attorney cannot threaten a criminal action to gain an advantage in a civil action. This is what happened to you in the telephone call. You might consider the State Bar of Washington's client hot line to speak with someone about the threat you received and make a report about that law firm.
You might also consider speaking with an attorney experienced in criminal defense and civil litigation to look into statute of limitations issues.
Good luck.
