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

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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 9 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.


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