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Wondering about statute of limitations in Colorado, been…

Wondering about statute of...

Wondering about statute of limitations in Colorado, been accused of check fraud back in 2013, which I have no re-collection of.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Has anything been filed or reported?

Supposedly an affidavit is to be filed by EOD

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I cam think of, except that I have never been in trouble before, other than traffic tickets

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Answered in 2 minutes by:
1/2/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The statute of limitations for bringing criminal charges is 3 years for a felony, 1 year for a misdemeanor. It's too late to prosecute either for something that happened in 2013, unless you've been absent from Colorado for an extended period of time.

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Customer reply replied 7 months ago
I'm being told that I am being charged with 1. State violation of Federal banking regulations, 2. Larceny by check, 3. theft by deception.
This is from a payday loan in 2013 that I forgot to repay, and was drafted off of a closed bank account.
What can they do to me legally, I offered to pay the balance, but they now want $1,700 on a $500.00 loan.Any advice?

They legally can't do anything. The statute of limitations for bringing criminal charges has long passed. The statute of limitations for suing you is also only three years, so that has also passed.

It's a violation of federal law to threaten someone with jail for non-payment of a debt. It's also a violation to represent a debt as owed and collectible when it isn't. The person calling is probably just trying to scare you into giving them money. It's a common scam. If they actually had the evidence to charge you with a crime - and if it wasn't too late - they would just do it.

You don't have to do anything, since they can't legally take any action against you. You could report them to the FTC, if they contacted you via phone.

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Customer reply replied 7 months ago
Thank you, ***** ***** a huge relief.
The charges sound like serious felony charges. And I most definitely do not want to go to jail.
They also said they can not send me a copy of the affidavit, is that correct? or is it another scare tactic?
So if I do nothing, I have nothing to worry about? If they did file the affidavit, would I be contacted by the local prosecutor?

It depends on the amount of the check. Theft is only a felony if the amount allegedly taken is more than $2,000. If they're telling you that you're being accused of a felony, that's another reason to think it's a scam.

There is no reason they couldn't sent you an affidavit if they actually had one.

The prosecutor will not do anything if they get an affidavit. It's too late to file charges.

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Customer reply replied 7 months ago
Thanks,
That is a huge relief. I do appreciate all the info you have given me on this. I will definitely use this service again in the future. (hopefully I will not need to, but you never know)

You're welcome. Have a good day.

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Mobile users may have to scroll to the right. Thank you.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
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