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My wife had a business in 1993, catering was part of business. She was hospitalized for cancer and was not there to run business. Employee wrote check on business acct for $1000.00 to cover expenses from catered function. The service was never paid and business went under. Is she still liable for the bad check from the acct. Business was in San Angelo, Tom Green County, Texas

Asked on May 18, 2009 under Business Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This depends on several other things, but it's a 16-year-old check.  If this is the first you're hearing about it, I doubt that anyone can do anything to enforce it, but you should talk to a local attorney to be certain.  One place to find a qualified lawyer is our website, http://attorneypages.com

There are laws calls statutes of limitation, that set deadlines for taking legal action, both in civil cases and for most criminal charges other than major felonies.  Most of those limits are 10 years or less, usually quite a bit less.

If your wife's business was a corporation, then she would probably not be personally liable, because that is one of the purposes of forming a corporation.


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