What to do if I took out a payday loan back 10 years ago and apparently the check I wrote to pay it back bounced?.

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What to do if I took out a payday loan back 10 years ago and apparently the check I wrote to pay it back bounced?.

Today I recieved a call from the credit attorney first time in all of these years. I’ve heard about this threatening to take me to court and getting me on criminal mischief. I researched that my syaye’s stat statute is 5 years on a debt collection and they can not threaten to bring me up on criminal charges, even if the check did bounce.

Asked on October 17, 2012 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Be careful about the telehone call that you received in that it very well could be a "scam" upon you. Assuming your check failed to clear concerning a pay day loan ten (10) years ago, the statute of limitations to file suit against you would have run after a period of four (4) years typically from when the check failed to clear.

Attorneys cannot threaten a criminal action against someone to get leverage in a civil dispute under state ethic rules pertaining to an attorney. I suggest that you give no information to this person who calls. Get as much from him or her and contact law enforcement about the attempts to strong arm you in collection attempts.


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