The recipient of a check that has been returned for non-sufficient funds in Indiana may choose to proceed with a civil cause of action or a criminal prosecution against the person that tendered the check. Both the civil action and the criminal prosecution must be commenced within the statute of limitations.
Statute of Limitations
The statute of limitations is a time frame determined by the state legislature. The statute of limitations determines the time frame a plaintiff has to file a civil lawsuit or the state has to prosecute a defendant in a criminal case.
Civil Statute of Limitations
The Indiana statute of limitations for a civil lawsuit to recover money for a check returned for insufficient funds is 10 years.
Criminal Statute of Limitations
Writing a check that is returned for non-sufficient funds by the financial institution in Indiana can be charged as check deception. Check deception is a Class A misdemeanor unless the amount of the check was more than $2,500 and the check was tendered to purchase a vehicle in which case it is a Class D felony. The statute of limitations for a misdemeanor in Indiana is two years and for a felony it is five years.