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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I received a company payroll check. I cashed at a check business

Resolved Question:

I received a company payroll check. I cashed at a check business the check was returned no funds. now the check cashing business is after me after 11 years. how long can they do this
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 5 years ago.
Four years, if you signed a contract with the check cashing business -- three years if you just cashed the check without signing a contract concerning repayment.

Regardless, this is long past the statute of limitations for any California civil or criminal action (except murder, which has no statute of limitations). Sometimes creditors will try to trick debtors into making a payment, after the statute of limitations has run. If the debtor makes a payment, then the statute of limitations is reset to the start, and the creditor can sue to collect the remaining balance of the debt.

Also, if you were absent from California for any period of time, then the statute of limitations is suspended during that time. So, that could give the creditor more time.

But, otherwise, this would probably be a trick to get you to voluntarily make a payment.

Note: If the creditor sued and obtained a default judgment against you for the debt, then it would have 10 years to collect from the date of that judgment.

Hope this helps.

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