How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118658
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

PRECEDENT ON APPEALING A COURT RULING CHECK WHERE THERE WAS

Customer Question

I AM LOOKING FOR CASE PRECEDENT ON APPEALING A COURT RULING FOR NSF CHECK WHERE THERE WAS A JUDGEMENT ISSUED AFTER THE STAUTE OF LIMITAIONS HAD EXPIRED. OR IN THE CASE OF A LACK OF NOTIFICATION WHERE THE CHECK WRITTER WAS UNAWARE THAT THE CHECK HAD NOT CLEARED. IN MY CASE THE APPARENT NSF CHECK WAS WRITTEN 05/11/2002, HOWEVER THE INITAL JUDEMENT WAS NOT ISSUED UNTIL 09/01/2005. I WAS UNAWARE OF THE NSF CHECK UNTIL 12/22/15 WHEN MY BANK ACCOUNT WAS FROZEN. CAN YOU HELP ME?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Please help us to understand a bit more. Your alleged NSF check was written 5/11/2002 and they sued you within 4 years, which is the CA statute of limitations for bad checks? It does not matter when the judgment was entered, it matters the date the filed suit, so have you checked the date they actually filed the suit as that is the important date for the statute of limitations and the filing of the suit stops the statute of limitations.
Under CA law, dishonored checks has a 4 year statute of limitations, as a check is a contract and breach of contract is the applicable statute of limitations. See: Civil Code §1719.
Customer: replied 1 year ago.
It was filed 07/25/2005
Customer: replied 1 year ago.
It is 4 years? I kept reading 3...
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Actually, CA Commercial Code says that for a dishonored check the statute of limitations 3 years from dishonor date or 10 years after date of draft, whichever occurs first, Commercial Code §3118(c). So if they sued for the dishonored check you must look to the date they knew the check was dishonored (which is not the date that you wrote it, but the date it was returned NSF to them from the bank) and you could cite to CA Commercial Code 3118 (c). See: http://www.info.theblackbutterfly.org/?p=54
As the Supreme Court explained in Pooshs v. Philip Morris USA, Inc. (2011) 51 Cal.4th 788, 123 Cal.Rptr.3d 578, 250 P.3d 181 ( Pooshs ), a “statute of limitations strikes a balance among conflicting interests. If it is unfair to bar a plaintiff from recovering on a meritorious claim, it is also unfair to require a defendant to defend against possibly false allegations concerning long-forgotten events, when important evidence may no longer be available. Thus, statutes of limitations are not mere technical defenses, allowing wrongdoers to avoid accountability. ( Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 395–397, 87 Cal.Rptr.2d 453, 981 P.2d 79 ... [ ( Norgart ) ].) Rather, they mark the point where, in the judgment of the Legislature, the equities tip in favor of the defendant (who may be innocent of wrongdoing) and against the plaintiff (who failed to take prompt action): ‘[T]he period allowed for instituting suit inevitably reflects a value judgment concerning the point at which the interests in favor of protecting valid claims are outweighed by the interests in prohibiting the prosecution of stale ones.’ ” ( Pooshs, at p. 797, 123 Cal.Rptr.3d 578, 250 P.3d 181, quoting Johnson v. Railway Express Agency (1975) 421 U.S. 454, 463–464, 95 S.Ct. 1716, 44 L.Ed.2d 295.)
Thus, if you wrote the check on 5/22/2002, the court holds their cause of action did not begin until the check was dishonored, which you need to find out. Generally, a plaintiff must file suit within a designated period after the cause of action accrues. ( ... § 312.) A cause of action accrues ‘when [it] is complete with all of its elements'—those elements being wrongdoing, harm, and causation.” ( Pooshs, supra, 51 Cal.4th at p. 797, 123 Cal.Rptr.3d 578, 250 P.3d 181, citing Norgart, supra, 21 Cal.4th at p. 397, 87 Cal.Rptr.2d 453, 981 P.2d 79; original italics.)