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MJL
MJL, Lawyer (JD)
Category: Legal
Satisfied Customers: 91
Experience:  J.D., U. Denver, Coll. Law 15 years experience in over 3000 cases.
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What is the statue of limatations on a bad check ...

Resolved Question:

What is the statue of limatations on a bad check in Mississippi?
Submitted: 7 years ago.
Category: Legal
Expert:  MJL replied 7 years ago.
I am not licensed to practice in Mississippi, however, I will provide you some of the pertinent laws and more importantly, an opinion letter from the Mississippi Attorney general's office regarding the statute of limitations on bad check actions. In this matter you have requested for your general information and education. If you are actually facing a charge you would of course want to consult a lawyer who practices Mississippi law.
In criminal actions:

The Mississippi AG does not include the bad check prosecutions within the two-year statute of limitations. You should contact the Mississippi AG's office for more information.

DOCN NNN-NN-NNNN
DOCK   1991-0469
AUTH Larry Stroud
DATE   19910710
RQNM Michael Horan
SUBJ Criminal Law
SBCD 057
TEXT J. Michael Horan, Esquire Assistant District Attorney 2584 Highway 51 South Hernando, MSNNN-NN-NNNN
Re: Statute of Limitations/Bad Check
Dear Mr. Horan:
Attorney General XXXXX XXXXX has received your letter and has assigned it to me for reply. In your letter you state:
I am in need of a ruling or information concerning your position on what the Statute of Limitations is for a bad check charge. I have been unable to find a case on point and have been taking the position that a bad check offense is excluded from the
2-year general Statute of Limitations since it falls under that portion of the Code dealing with False Pretenses.

Mr. Horan writes back: It is our opinion that obtaining money or property by use of a bad check would be excluded from the general two year statute of limitations in Section 99-1-5 of the Mississippi Code of 1972. That section exempts from its scope certain crimes including obtaining money or property under false pretenses.
Very truly yours,XXXXX GENERAL

Here is the statute, which may not apply to bad checks (see above):

§ 99-1-5. Time limitation on prosecutions.

A person shall not be prosecuted for any offense, with the exception of murder, manslaughter, aggravated assault, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, sexual battery of a child as described in Section 97-3-95(1) (c), (d) or (2) or exploitation of children as described in Section 97-5-33, unless the prosecution for such offense be commenced within two (2) years next after the commission thereof, but nothing contained in this section shall bar any prosecution against any person who shall abscond or flee from justice, or shall absent himself from this state or out of the jurisdiction of the court, or so conduct himself that he cannot be found by the officers of the law, or that process cannot be served upon him.

Sources: Codes, Hutchinson's 1848, ch. 65, art. 2(52); 1857, ch. 64, art. 247; 1871, § 2766; 1880, § 3002; 1892, § 1342; Laws, 1906, § 1414; Hemingway's 1917, § 1169; Laws, 1930, § 1194; Laws, 1942, § 2437; Laws, 1912, ch. 261; Laws, 1989, ch. 567, § 1; Laws, 1990, ch. 412, § 1; Laws, 1993, ch. 440, § 1; Laws, 1998, ch. 582, § 1; Laws, 2003, ch. 497, § 1; Laws, 2004, ch. 539, § 1, eff from and after July 1, 2004.

Be advised of § 97-19-61. Bad checks; when notice need not be given. Such notice as is provided for in Section 97-19-57 is dispensed with: (a) in the event the situs of the drawee is not in the state of Mississippi; (b) if the drawer is not a resident of the state of Mississippi or has left the state of Mississippi at the time such check, draft or order is dishonored; or (c) if the drawer of such check, draft or order did not have an account with the drawee of such check, draft or order at the time the same was issued or dishonored, or payment of the check is denied because the account was closed at the time the check, draft or order was issued or dishonored.

Sources: Codes, 1942, § 2153-04; Laws, 1972, ch. 476, § 4; Laws, 1983, ch. 523, § 3; Laws, 2001, ch. 328, § 2, eff from and after July 1, 2001.

Additionally: § 99-1-7. Time limitation on prosecutions; commencement of prosecution.

A prosecution may be commenced, within the meaning of Section 99-1-5 by the issuance of a warrant, or by binding over or recognizing the offender to compel his appearance to answer the offense, as well as by indictment or affidavit.

Sources: Codes, 1857, ch. 64, art. 248; 1871, § 2767; 1880, § 3003; 1892, § 1343; Laws, 1906, § 1415; Hemingway's 1917, § 1171; Laws, 1930, § 1195; Laws, 1942, § 2438.

In civil actions:

The Mississippi Civil Code § 89-11-23. Proceeds of personal property reclaimed.
Any person who is not concluded as a party or privy by a decree in favor of the state in proceedings to establish an escheat, may, at any time within six years after the rendition of the decree, recover of the state, by suit, the net proceeds derived from the sale of personal property and paid into the state treasury, and three per centum interest thereon, if the party shall establish his right to the property and that the same had not properly escheated to the state; but the title of the purchaser of such personal property shall not be thereby disturbed.

§ 75-3-118. Statute of limitations.

(a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six (6) years after the due date or dates stated in the note or, if a due date is accelerated, within six (6) years after the accelerated due date.

(b) Except as provided in subsection (d) or (e), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six (6) years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten (10) years.

(c) Except as provided in subsection (d), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three (3) years after dishonor of the draft or ten (10) years after the date of the draft, whichever period expires first.

(d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or traveler's check must be commenced within three (3) years after demand for payment is made to the acceptor or issuer, as the case may be.

(e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six (6) years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed.

(f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced (i) within six (6) years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or (ii) within six (6) years after the date of the acceptance if the obligation of the acceptor is payable on demand.

(g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for conversion of an instrument, for money had and received, or like action based on conversion, (ii) for breach of warranty, or (iii) to enforce an obligation, duty, or right arising under this chapter and not governed by this section must be commenced within three (3) years after the cause of action accrues.

Sources: Former § 75-3-118: Codes, 1942, § 41A:3-118; Laws, 1966, ch. 316, § 3-118; Laws, 1992, ch. 420, § 18, eff from and after January 1, 1993.
MJL, Lawyer (JD)
Category: Legal
Satisfied Customers: 91
Experience: J.D., U. Denver, Coll. Law 15 years experience in over 3000 cases.
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