Is there a statue of limitation for a worthless check charge?

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Is there a statue of limitation for a worthless check charge?

I just received a court summons for a worthless check from 02/03 in another county (I used to live in this county but moved in 01/03) I really don’t think that I wrote this check. I was going through a separation with my ex at this time, and believe she wrote the check and signed my name. I currently have lived in the same county (about an hour away) since 01/03. I never received the first court summons that was in 07/03 and never knew about this check. Is there a statute of limitation for this charge in NC?

Asked on November 21, 2010 under Criminal Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

North Carolina has very strict laws on bad checks so you need to fight this matter on every level that you can.  First, the creditor is to send two notices by law as to the debt. You were probably sent them at the other address,  The issue as to the "first summons" has me concerned.  What did you mean?  There was a prior action?  What happened?  How did you find out?  Proper service of court papers is necessary for a Judge to be able to make decisions about what will happen to you in a case.  Now, what was the check for?  As for the statute of limitations you may have to check with an attorney in your area.  In the meantime you have to answer the summons you received and raise "affirmative defenses" such as the statute of limitations, improper party, forgery and lack of jurisdiction if you  were not served properly.  And get help. Good luck. 


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