Re: SOLs on checks

Posted by lawguy (207.68.86.95) on March 21, 2003 at 16:55:23:

In Reply to: SOLs on checks posted by scott on March 21, 2003 at 14:43:16:

Note that a person can be criminally liable for a bad check as well as liable in a civil action.

Thus, there will be different SOLs governing the limitations for the criminal action and the civil action.

For civil actions, the UCC SOL will normally apply unless there is a more specific statute on bad checks enacted by the legislature. This SOL will of course vary from state to state.

The criminal SOls, if any, will vary widely from state to state, and will depend upon the charges brought. A bad check charge could make one subject to a punishment of anything from a small fine (for a misdemeanor) to a serious felony, depending on the circumstances surrounding the writing of the bad check.

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