SOL MN for unaccepted draft (bad check)

[Quarterchips]

Anyone know what the SOL is in MN?  I've found the penalty for a bad check, but can't find the SOL.  I've got someone trying to come after me for a check that bounced in March, 2003.

Thanks!

[203bravo]

Most checks do not fall into the SOL of contract, but rather criminal laws.  It can be a felony based on the amount of the check.

Now, this will and can vary from state to state - especially if it was written for a pay day loan.  So your first course of action must be to determine who it is coming after you and how. 

If they are pressing you based on MN laws for worthless checks then it will most likely end up at the DAs office and that will not be pleasant.

[Anonymous]

Have you checked your state statutes?

[Quarterchips]

I've checked my state statutes, however can't figure out where a bad check would fall in

[203bravo]

Scanning over it - I didn't see anything about specific SOL but it's a good place to start.

http://lawdigest.uslegal.com/debts-and-credit/bad-checks/2772/

[Anonymous]

Seeing as this is criminal, determine if it is a misdemeanor or felony and then look up the SOL for that type of crime.

You could always call the courthouse and ask for the SOL on whichever it is or contact your AG.

[Anonymous]

Bogus checks may have criminal or civil penalties that are prosecuted by the state.  If you paid someone with a bad check, the payee may file a civil action for a money judgment (probably in small claims court).  I don't think the state gets involved unless you draft several bogus checks.

If there is not a specific provision for bad checks, then the general limitations period applies.  Have you actually tried searching the MN statutes?

[203bravo]

Actually, most states have laws that allow worthless checks go straight to the DAs office for criminal prosecution.  Most of them are charged under "false pretense" 

This being said, it is important to know the state statues since there are some steps that the merchants have to take prior to turning the check over to the DAs office.  If they can't prove they followed the law - that the defense to have the suit dismissed.