How long can a collection agency try collect debt from bad checks?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How long can a collection agency try collect debt from bad checks?

I was convicted of issuing a bad check many years ago for $5,000 and the collection agency has been trying to collect since then. They are now trying to take money from me but I am wondering, what is the statue of limitations for this in AK if they personally never sued me or took it to court?

Asked on January 3, 2012 under Bankruptcy Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The answer is, it depends. I believe the statute of limitations for a bad check in AK is 3 years; however, if the act was considered "fraud" (i.e. you issued the check as part of a scheme to defraud), then the statute of limitions would be 10 years. Also, you need to reference the statute of limitations for the underlying debt as well, since you can be sued on that as well on thee bad check itself--if the debt  was for a credit card or rent, I believe the statutory period is 10 years, whereas it is shorter--as short as 3 years--for other written contracts. Therefore, it appears there are circumstances under which the statute of limitations could be up to 10 years.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption