bad check

[wills062]

What is the name of your state? Oklahoma but this is a question regarding Texas. My husband & I went to change our bank accounts to a new bank and when they ran my social, it turned up a returned check from Telechek. I called and they referred me to the business that had the check. I call them and they said it was a $50.00 from 1995 and was in the County Attorney's office. I called the attorney's office and they said they didn't have the check nor a record of ever having it. I then called the place of business back and told them this. After some calls they made, they called me back and said that their records showed it was placed with the county attorney but since they didn't have the check that they transferred it in the computer back to their store and I had to pay it there. Now my question is this - if they don't have the check (which they don't) and the county attorney don't have the check, then how can they make me pay for something they don't have? Especially since we are talking 7 years ago? Can they make me pay this before removing it from Telechek and what recourse do I have if they try & force me to pay it before they will remove it?

 

[CombatTN88]

Can they make you pay back? Not only they can make you pay back, you can be crimininally prosecuted for bad check charge. I would never trust the DA because it always likes to screw up defandants like trying to give them a hard time.

See your lawyer to ask questions.

Regards, Combat

 

[justathought]

Combat--
Do you mean to say that even though the statute of limitations on a written contract (store receipt for merchandise) is four years is up and the statute of limitations for a misdemeanor (less that $1500) theft by check (aka bad check) and felony (greather than $1500) has passed as well, the DA is still going to screw over the poster?

Halket--
You're Texas folk--does this seem right to you?

Anyone else--
Does Telecheck have to abide to the FCRA? If so, it seems that this information is way too old to be reportable... Can you dispute with Telecheck the same way as with the big three?

...Head spinning....

 

[CombatTN88]

What I meant was that Wil didn't get a straight answer from bank or DA. If it did went to the DA's office, then the DA should knew about it, but it somehow misplaced it. I mean, that DA would not help out defandant, but rather to help victim out, if you know what I meant.

If the statute of limitations hadn't expired, then she would be crimininally prosecuted. Wonder why she wasn't indicted in the first place?

Again, thanks for posting me statute of limitations. I only lived in Texas for five months, but all in Tennessee.

Regards, Combat

 

[justathought]

Wonder why she wasn't indicted in the first place?

A one-time incident seven years ago for fifty bucks? Barely a misdemeanor and the paperwork and resources spent going through the motions could amount to 100 times that if a plea of immediate restitution and/or fine didn't cut it!

I think Texans have bigger fish to fry, so to speak!

 

[wills062]

thanks for all your help. i think i have my question answered. i talked with telechek though and they won't remove it unless the store calls and tells them too regardless of how old it is. i have talked with the county attorney though and they can't do anything about it even if the store tries. it is too old. now all i have to do is to get the store to let it go. i honestly wouldn't mind paying it if they could provide the check, but we are talking 7 years ago and for all i know i could have already paid it once! that long ago, who could remember! i just can't believe they expect payment for something they don't have! how stupid does that sound????