What is the statute of limitations for collecting on a bad check?

Full question:

What is the statue of limitations for collecting on a bad check? I made a payment on it in April. If I send them a cease and desist letter can they still take me to court? Can any collection agency take me to court if they receive a cease and desist letter or does the account revert back to the original creditor? If I send them what money I can each month, are they still able to take me to court?

  • Category: Debts and Credit
  • Subcategory: Bad Checks
  • Date:
  • State: Illinois

Answer:

The statute of limitations for collecting on a bad check varies by state. Generally, it can range from three to six years. If you made a payment on the check, it may reset the statute of limitations, depending on your state's laws.

Sending a cease and desist letter does not prevent a creditor or collection agency from taking you to court. However, it does require them to stop contacting you directly. The account typically does not revert back to the original creditor just because you sent a cease and desist letter.

If you send partial payments each month, the creditor or collection agency may still pursue legal action against you, depending on the terms of the agreement and state laws. It's important to review the specific terms of your contract and consult a legal professional for tailored advice.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A debt typically becomes uncollectible after the statute of limitations expires, which varies by state. For most debts, this period ranges from three to six years. However, certain actions, like making a payment or acknowledging the debt, can reset this clock. It's essential to check your state's specific laws to understand when a debt may become uncollectible.