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John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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what is the statute of limitations on worthless checks ? in

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what is the statute of limitations on worthless checks ? in Alabama
Hi, thanks for submitting your question today. The time limit for a civil action to collect on bad checks is 6 years pursuant to Alabama's Civil Code Section 7-3-118

If there is anything else I can help you with on this matter please let me know; I'm happy to help. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.
Customer: replied 4 years ago.

I was notified today that my wife,previous to our marriage wrote some worthless checks in 1995. The district attorney in Montgomery Alabama states that my wife must pay in full or could be arrested, can this happen if the time limit is six years?

The above cited law refers to civil liability. She is facing a criminal charge, which is different. There are two possibilities in this matter. First, it s a misdemeanor check (less than $500) and the warrant was issued within the statute of limitations for a misdemeanor (1 year), in which case a warrant properly issued never expires until the court dismisses it. Or second, the check is in excess of $500, which is a felony and has no statute of limitations. So, her only defense on a statute of limitations would be a misdemeanor where the court has dismissed the warrant.

Her best bet would be to contact the prosecutor, or retain an attorney to contact the prosecutor, to determine if a deal can be made on the checks.
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