Old bounced check

[PAMaria]

In July 1997 a customer bounced a check for $672.00 to my business. I called their bank for 6 months to find when there was enough $$ to deposit and there never was. I ended up closing the business, packed everything and stored it, then sold my home and moved. I just found the check again this month, the account has been closed at the bank BUT I get a current address for the check writer on the 'net. He's still in PA and not too far away. Can I still take him to my local small claims court for this? Should I report it to the police? Is it too late to collect on this debt?

 

[cdcard]

Dear PAMaria:
You should be able to pursue this if you haven't blown your statute of limitations (ie, your deadline in which to file suit). You don't say what state you're in, so I can't tell you what the statute of limitations is. However, you can check your state law at https://law.freeadvice.com/resources/statelaws.htm. You can report the matter to the DA's office and, if your state allows them to also collect restitution in addition to fines, you may actually get your money. But check on that; usually the DA's job is to get a fine or jail time for the defendant; not restitution for the victim. Also, you may have some service issues because the defendant has fled the jurisdiction; make sure you follow all instructions on how to serve this defendant. Recommendation: in the future, if someone bounces a check to you, consider pursuing legal action immediately. Best of luck to you.

 

[I AM ALWAYS LIABLE]

In July 1997 a customer bounced a check for $672.00 to my business. I called their bank for 6 months to find when there was enough $$ to deposit and there never was. I ended up closing the business, packed everything and stored it, then sold my home and moved. I just found the check again this month, the account has been closed at the bank BUT I get a current address for the check writer on the 'net. He's still in PA and not too far away. Can I still take him to my local small claims court for this? Should I report it to the police? Is it too late to collect on this debt?

My response:

Since you did, in fact, tell us your State is Pennsylvania (the abbreviation of which is PA), you have 4 years from the date the check was dated to pursue your remedies in Small Claims court.

There may, in fact, be other laws concerning "bounced checks" in PA, allowing you to obtain the face value, plus an amount to "teach the writer of the check" a lesson. Please contact an attorney near you to ask if there is such a law, and what the requirements are for obtaining such greater amount.

Good luck.

IAAL