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  1. #1
    chynathedragon is offline Junior Member
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    Statute of limitations on bad check?

    What is the name of your state? MO
    My sister got divorced in 2001, and during that time, either she or her ex-husband wrote a check for about $400 (not sure which) around february 2001, then bounced due to her ex-husband cleaning out the checking account, then taking her name off. To make a long story short, she never received notification that this check bounced, and was never aware of it. Early this year, (January) she had another check that bounced, and ended up calling the prosecutor because she waited too long to pay it, and they notified her that she had this old check that was still there. The lady at the prosecutor's office told her no warrant had been issued on the old check, and something about the statute of limitations. My sister paid the current check, and asked for a copy of the old check, which I guess they had to mail her a copy of it due to it being old as it was in another area. She yesterday got a letter from the prosecuting attorney's office that says they are issuing a warrent since she "failed to make restitution", and had a court date of February 26th (which she missed, due to them sending to the previous address and finally forwarded to the correct address).

    So I'm assuming now there is a warrant for her arrest on the old bad check. My question is two-fold. 1. What is the statute of limitations in MO for prosecution of a bad check? 2. What will happen now?

    Thanks a bunch, this is a real mess.
  2. #2
    seniorjudge Guest
    Quote Originally Posted by chynathedragon
    What is the name of your state? MO
    My sister got divorced in 2001, and during that time, either she or her ex-husband wrote a check for about $400 (not sure which) around february 2001, then bounced due to her ex-husband cleaning out the checking account, then taking her name off. To make a long story short, she never received notification that this check bounced, and was never aware of it. Early this year, (January) she had another check that bounced, and ended up calling the prosecutor because she waited too long to pay it, and they notified her that she had this old check that was still there. The lady at the prosecutor's office told her no warrant had been issued on the old check, and something about the statute of limitations. My sister paid the current check, and asked for a copy of the old check, which I guess they had to mail her a copy of it due to it being old as it was in another area. She yesterday got a letter from the prosecuting attorney's office that says they are issuing a warrent since she "failed to make restitution", and had a court date of February 26th (which she missed, due to them sending to the previous address and finally forwarded to the correct address).

    So I'm assuming now there is a warrant for her arrest on the old bad check. My question is two-fold. 1. What is the statute of limitations in MO for prosecution of a bad check? 2. What will happen now?

    Thanks a bunch, this is a real mess.

    [url]http://www.moga.state.mo.us/statutes/C500-599/5560000036.HTM[/url]

    [url]http://www.moga.state.mo.us/statutes/c500-599/5700000120.htm[/url]
  3. #3
    chynathedragon is offline Junior Member
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    So if I understand this correctly: passing a bad check under $500 in MO is a class A misdemeanor, and the statute of limitations is 1 year? Am I reading this correctly?

    Then I don't understand why they're coming after her four years later. Hmmm
  4. #4
    seniorjudge Guest
    Quote Originally Posted by chynathedragon
    So if I understand this correctly: passing a bad check under $500 in MO is a class A misdemeanor, and the statute of limitations is 1 year? Am I reading this correctly?

    Then I don't understand why they're coming after her four years later. Hmmm
    I do not think all the facts of the case have been shared with you....
  5. #5
    chynathedragon is offline Junior Member
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    That is very likely true. This is the sister that only calls me when she wants something or is in trouble. LOL

    Thanks for your info though!!
  6. #6
    seniorjudge Guest
    Quote Originally Posted by chynathedragon
    That is very likely true. This is the sister that only calls me when she wants something or is in trouble. LOL

    Thanks for your info though!!
    Is she trying to tell you she writes a check only once every four years?

    Something is amiss....

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