I just got a letter in the mail from an Attorney's office, stating that I owed a company $103.73 for a check that I wrote in June, 1996. I went to find out more on the Statute of Limitations for Illinois and I am not sure if a check falls under sales, open account, written contract or what! Unfortunately, if it is a written contract, in Illinois, they have up to 10 years to contact me. So I am wondering what do I do from here? This is just crazy- I have spent the last 4 years trying to clean up my credit and nothing is showing up on my credit reports, but as soon as my husband and I bought a house, these crazy collections are coming out of the wood works. I had no idea that these things even existed! Someone please help! Thanks!!!
Send a short note asking "IF" you find out (AFTER DOING SOME INVESTIGATING) that you owe this...can they produce the ORIGINAL PAPER CHECK--NOT A COPY OF THE CHECK... NO ORIGINAL PAPER CHECK---they can discuss it with the tree in the back yard...
Like always, you want to validate first, you want them to document any, and all additional charges which they're trying to add to the amount of the check. I don't even accept a copy of just the check for validation, for one simple reason, there are companies out there like NCC, which would probably XEROX the check front and back 2 seconds after buying the account, and then resell it to another company, and still try to collect from you on it. I don't know whether NCC had tried anything like that, but with the ETHICS *cough*cough* of that company, I wouldn't put it past them. The only thing that a photocopy of the check proves is that they touched the check for long enough to print a copy of the check out on a XEROX machine. Like GEORGE said, get it in writing that the ORIGINAL check would be available immediately upon payment. I haven't seen anything definitive on what type of 'debt' should be used to classify a returned check, Section 803(5) just lumps everything in to the big box of debt and doesn't elaborate on what type of debt it would be considered. Personally, I would treat a photocopy of a check as a copy of the 'application' only, and would need the invoices, and statements from the OC as to what the 'application' was for; and under 808(1), a break down to the penny of any, and all additional fees, and charges that they are claiming to be owed, and how they were calculated.
Very few, if any, CA is going to send you the original check if you haven't paid on the account. I once faced a similar situation, but I did take the time to call the OC and confirm the check amounts, check numbers, dates, etc., and in fact the OC helped me negotiate a "pay for deletion" arrangement with the CA, even though they had sold the account to the CA. I also arranged to get the original checks back after paying them off. This was all after I went through the validation route. That being said, GET EVERYTHING IN WRITING. Don't accept anyone's word on the telephone. Bounced checks aren't like any other bill...there are possible criminal repurcussions to not making good on them, such as JAIL TIME. Go ahead and check SOL for your state, but if you haven't reached it, you're better off negotiating a payment arrangment for this.
Who is the ca? National Check Control or, JBC and Associates. Bounced checks come under the UCC. Check out 4-111 http://www.law.cornell.edu/ucc/4/overview.html
Buck: I said that in terms of validation, I consider the photocopy would be similar to a photocopy of an application. It only proves that there was a transaction, not that they are the company which is now in legal possession of the instrument; or what that instrument was allegedly for. If the CA can obtain from the OC the information on what the instrument was alledgedly for, just like when a OC provides statements to a CA by the OC after the validation request, then the CA at least made a partial showing that they are in fact the company which is legally authorized by the OC to collect for them. With the likes of the bottom feeders who collect on these accounts like NCC, the photocopy itself only proves that they touched the check, not that they still own it... The CA's have themselves to blame for consumers becoming cynical of their industry, because the industry doesn't do anything to get rid of, or even admonish, the bottom feeders, frauds, and other low lifes like NCC.
I don't disagree with you. That being said, I prefer to deal with the OC most of the time anyway, if it has anything to do with negotiating for deletion. Most of the time, all they want is your money. For some reason, that's not good enough for some CA's. They have to mess with you, too.
but as soon as my husband and I bought a house, these crazy collections are coming out of the wood works. I had no idea that these things even existed! Someone please help! Thanks!!! shepower1 ``````````````````````````` ================= This is nothing but a rip off deal THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
1*I don't even accept a copy of just the check for validation, for one simple reason, there are companies out there like NCC, which would probably XEROX the check front and back 2 seconds after buying the account, and then resell it to another company, and still try to collect from you on it. I don't know whether NCC had tried anything like that, but with the ETHICS *cough*cough* of that company, I wouldn't put it past them. 2*Like GEORGE said, get it in writing that the ORIGINAL check would be available immediately upon payment. jam237 ============= 1*Another good reason is forgery. This happened to me with 5 forged photo copies. 2*There is absolutely no reason why you should not see the original check before making good on any bad check claim. This is a perfectly reasonable request to make. My policy is no original check no pay period. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
1*Very few, if any, CA is going to send you the original check if you haven't paid on the account. 2*I also arranged to get the original checks back after paying . 3*Bounced checks aren't like any other bill...there are possible criminal repurcussions to not making good on them, such as JAIL TIME. 4*Go ahead and check SOL for your state, but if you haven't reached it, you're better off negotiating a payment arrangment for this Buck =============== 1*Must be because they don't have it then. If they have it then there isn't any excuse why you can't see it before paying! 2*I get it back when I pay or I don't pay. 3*All bounced checks aren't NSF checks. The only checks you're responsible for are NSF checks and then only it you're at fault. 4*You still have the right to require proof of the claim before you're obligated to pay. THE END ** *** ** LB 59
I have a question (was searching and could not find any information). On a friend's report it lists: Certegy (Firestone) for a returned check, which was paid. However, the status is listed as "charge-off". Comments are listed as PAID CHARGEOFF, Returned Check. When she knew of the returned check, she called Firestone and paid them in cash for the check. However, it was already forwarded to Certegy. This was in the matter of a week (date of returned check to cash payment). What can she do(if, anything) to try and get this removed from her report?
A PHOTO COPY OF A CHECK IS THE SAME AS A PHOTO COPY OF A DRIVERS LICENSE... You gonna' give that to the bank and grocery store and TARGET when you write a check??? NO Are you gonna' give that to the POLICE OFFICER?? NO
Most states give you 30 days to clear an NSF check. I would check local law to determine if they were within their rights (I doubt it!) I would send an ITS to both the OC and CA who reported the charge off. For the first poster... A bad check is NOT a written contract. It is a payment instrument. Usually the SOL that applies is one of an open ended acct. Given the age of the check and their failure to notify, they have not followed proper procedure in which to seek a criminal charge.
