NSF Check Statute of Limitations

[gingerspice451]

What is the name of your state? Louisiana

I was recently contacted by a debt collection company who, through research, I've found is being sued in a few lawsuits for trying to collect on frivolous (either expired or completely false) debts. They contacted me regarding a check that they say was NSF and its' a check that I don't recall ever writing. First off, I've never shopped in this store, and I know that my husband surely wouldn't have gone there. They could not provide me with a check number and said the date was from 2005. Well, I don't see how this is possible since we haven't had a checking account in about 3 years. I'm pretty sure the debt is frivolous, but I"m wondering if there is a statute of limitations for collecting on NSF checks in Louisiana? I can't find any information on it elsewhere online.

[gingerspice451]

anyone??
I am wondering if there is a SOL on this in Louisiana. I can't find anything, maybe there isn't.

[Chien]

Look in your state's version of the Uniform Commercial Code as incorporated in your Revised Statues.

§3-101. Short title
This Chapter may be cited as Uniform Commercial Code -- Negotiable Instruments.

§3-104. Negotiable instrument
(f) "Check" means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as "money order".

§3-118. Prescription
(a) Except as provided in Subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within five years after the due date or dates stated in the note or, if a due date is accelerated, within five years after the accelerated due date.
(b) Except as provided in Subsection (d) or (e), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within five years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of five years.
(c) Except as provided in Subsection (d), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or five years after the date of the draft, whichever period expires first.
(d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or traveler's check must be commenced within three years after demand for payment is made to the acceptor or issuer, as the case may be.
(e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within five years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the five-year period begins when a demand for payment is in effect and the due date has passed.
(f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced (i) within five years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or (ii) within five years after the date of the acceptance if the obligation of the acceptor is payable on demand.
(g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for money had and received, (ii) for breach of warranty, or (iii) to enforce an obligation, duty, or right arising under this Chapter and not governed by this Section must be commenced within three years after the cause of action accrues.
Acts 1992, No. 1133, §3, eff. July 1, 1993. Amended by Acts 1993, No. 948, §3, eff. Jan. 1, 1994.

Edited for general reference: All states have adopted some version of the UCC, ‘tho not all have adopted the same version. Information about checks can be found in the state’s Commercial Code at Article III – Negotiable Instruments. This does not include information on the state’s bad check penalties, if any.