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Ask Michael Lykken, Esq Your Own Question
Michael Lykken, Esq
Michael Lykken, Esq,
Category: Legal
Satisfied Customers: 103
Experience:  Partner at Soares & Lykken, Attorneys at Law
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Statutes of limitations on a bad check is three years in

Customer Question

Statutes of limitations on a bad check is three years in California?
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help.
Customer: It's been over 5 years
JA: Have you talked to a lawyer yet?
Customer: No, I received a phone call from a processors office stating that I had a check that was returned for a payday loan. Like I said it's been over 5 years. I think they are trying to,scam me.
JA: Anything else you think the lawyer should know?
Customer: I had lost my job & I explained to the payday loan people that I did & that they would have to,wait for me to pay them. But they didn't wait they kept trying to get the money which caused overdraft fee, & more overdraft fees. Bank closed my account due to all the overdraft fees.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Michael Lykken, Esq replied 1 year ago.

Hello and thank you for using this service. My name is ***** ***** I am a licensed California attorney. I understand you have an issue with a debt collector trying to collect a debt from 5 years ago. Let me verify the statute of limitations and I'll get back to you. Thank you!

Customer: replied 1 year ago.
Thank you, I'll be waiting for an email from you***@******.***
Customer: replied 1 year ago.
No it's a processor. I googled the phone # & it came up unsafe. I also saw where other people have had calls from people saying they were from a processors office & it was a scam
Customer: replied 1 year ago.
I've done paralegal work, but my job keeps me from being able to go to a law library or any library for that matter. I can't find parking for 70 foot vehicle.
Expert:  Michael Lykken, Esq replied 1 year ago.

Hello again. Okay, you are correct that it is a 3 year statute of limitations. So, the processor or whoever is calling doesn't have the right to file a lawsuit to collect on the check. They can call and demand, but that is pretty much it. Good luck!