Legal Question in Banking Law in Illinois
Previous Bad Check Written
I was curious to know if there is a statute of limitations on an accusation for writing a bad check 11 yrs. ago.This is the first I've heard of this and certainly can't afford what they are asking. I don't want to pay the money again and was wondering if there was a limit as to how long they can continue to pursue this matter. I was very contactable 11 yrs. ago as I am today. The amount of the check is $120.32. So they claim. Please help I'm on a time frame due to their mailing. Thank you.
--
2 Answers from Attorneys
Re: Previous Bad Check Written
I think the applicable time period passed. The law gives the owner of the check 3 years from when it first bounced to sue you on it, or 10 years from when you wrote it, whichever comes first. The time for the owner of the check to sue you will restart each time you make a partial payment on the check, promise to pay it, or acknowledge that you owe the money.
Re: Previous Bad Check Written
To add onto what Mr. Stein wrote, if the recipient of the check wanted to sue you for breach of contract -- if, for example, you originally paid the money in fulfillment of some contractual obligation -- the statute of limitations is 10 years for a written contract and five years on an oral contract (both under Illinois law).
If the recipient wanted to sue you for fraud, the statute of limitations is five years from reasonable discovery of the fraud.
-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]; www.lawyers.com/alo
Related Questions & Answers
-
Check Clearance and Liability I wrote a check (approx. $200) to pay a doctor's bill.... Asked 10/03/01, 1:44 pm in United States Illinois Banking Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
