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RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 15916
Experience:  Licensed Texas General Practice Attorney
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what is the statute of limitations for check fraud in the state

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what is the statute of limitations for check fraud in the state of Indiana

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

Ultimately it depends on if it's charged as a misdemeanor or a felony. For relatively small amounts, that would be a misdemeanor, but for large amounts (>$750 or more) it would be a felony. If it is charged as a Class A felony there is no time limit in Indiana. For a lessor crime it would be 5 years. And the time doesn't run if the individual leaves the state or if the hide the evidence, which is pretty common in fraud cases..

RGMacEsq :

And that runs from the date that the check was attempted to be passed off... So long as there is a prosecution that is initiated within that date (even if there is not a conviction) then the statute of limitations won't be an issue.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

I received a call from a mediation service in Atlanta saying I had a bad check to a payday loan service in 2009 for $ 300 I have not done any payday loans since 2006. and don't recall having a bad check r it would have been taken care of. they are threating me with a warrant and refuse to send proof 0f the claim. what should I do?

RGMacEsq :

I see. That's almost ALWAYS an empty threat. I see this ALL the time, and threatening prosecution for this is illegal in and of itself. They have no authority to issue a warrant for your arrest, etc... but could only report you. But again, this is an empty threat. The hope is that you;'re going to pay out of fear.

RGMacEsq :

If I were you, I would say (next time they contact you) that you know that what they're doing is a violation of the Fair Debt Collection Practices Act (FDCPA) and that if they continue to threaten this, you're going to report them to the state attorney general.

RGMacEsq :

I am almost certain that this will not actually result in any warrant for your arrest. I see this strategy quite often from payday loan operators, and it really is an empty threat. Rather, you should say, pursuant to the FDCPA, that they have to verify this debt. Otherwise, tell them to take a hike.

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