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Collections Law/15 Year old bad check

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Expert: Creditwrench - 5/15/2010


Question
I was recently contacted to collect on a check written 15 years ago. When I spoke to the rep I asked for more information and she sent me a copy of the check.  To my surprise it was one I wrote years ago.  Well this little check now has grown into a few hundred dollar after all fees.

Here are some factors to consider:

The check was written 15 years ago
I was 17 when I wrote the check
In 2005 I filed chapter 7

The check was written in South Dakota and from what I see from statute of limitations they shouldn't be able to collect.

I guess that is the question I am asking:  Can they still collect on this matter?

Answer
They can attempt to collect indefinitely and can end up actually collecting on the check if you let them. They can't do anything to you except hound you to death and try to make you pay up that way. They can't have you thrown in jail. That would simply never work so no worry there. The worst they could do is file a lawsuit on you and if you learn how to defend they aren't going to get anywhere with that and if they did sue you could file a federal case against them and win easily.

I really wouldn't worry all that much about it.  

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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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