Legal Question in Credit and Debt Law in Indiana
Statute of Limitations on NSF checks
I recently received a subpoena to report for a check I wrote in 1987 that was returned NSF. I had no knowledge of this and hadn't heard anything about it until today (1-24-2007). Is this past the statute of limitations for collection in my state (Indiana)?
2 Answers from Attorneys
Re: Statute of Limitations on NSF checks
Very much past the statute of limitations. However, statute of limitations is an affirmative defense. I have no idea who is trying to collect this - the person to whom the check was written or a collection agency or an attorney. You should consult an attorney - particularly one familiar with the Fair Debt Collections Practices Act.
Re: Statute of Limitations on NSF checks
The limitation of action on a check is six years. For some really old debts, maybe including one engendered in 1987, it could be ten years, but not more. There have been many questions lately about collectors demanding payment on very old debts, leading me to wonder if there isn't some general scam occurring. I suggest you write the collector a certified letter, deny that you owe any money, say you never heard about this dubious claim before, say that you will assert the statute of limitations defense, and finally say you never want to hear from them again, and if they ever do contact you, you will sue them for violation of the FDCPA, for $1000 and attorney fees. Good luck.
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