How long can a merchant hold a bad check before turning it in to the prosecutor’s office?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How long can a merchant hold a bad check before turning it in to the prosecutor’s office?
I have received letters from the prosecutor’s office for checks that is over a year old and the have came by first class mail, not certified or requested mail. Is this legal?
Asked on July 15, 2010 under Criminal Law, Arkansas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If the prosecutor's office has sent you letters regarding bad checks, you need to provide information on what the letter states. If the letter is asking you to explain the bad check, it could be simply that the individual who received the bad check simply just got around to submitting the item to the police or filing a criminal complaint. If the individual prosecutor's letter is asking you to pay it, you need to determine if you wrote the check knowing you had no funds and received services or goods or even if you didn't, if you still received those services and goods and the check in question bounced? The prosecutor doesn't have to send anything to you via certified mail or registered mail, unless the person is attempting to file an action against you then service of process regulations/laws come into play. There may be a statute of limitations issue on filing a misdemeanor action but if the check amount qualifies as a felony, the prosecutor may actually have a year or more to file an action.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.