Last year, my wife wrote six checks which bounced. I didn't hear anything from the bank or the business where she wrote them (she even worked at the place for awhile!) for several months. CA contacted my, I sent validation letter. They validated by sending copies of the checks. My wife says they are hers. This might seem like a simple question, but I'm guessing my next step is to work out some kind of settlement or payment plan? As much as I hate the idea of paying a CA, I'm not really sure what to do at this point. The other posts on the board seem to deal with CC debt and actual bills. Is this the procedure for bad checks?
She wrote them to one business? Can you get them to pull the account back and pay them directly? Yes - bad checks are considered debts under the FDCPA, so you can follow those procedures. If you have to work thru them then definitely put everything in writing, and detail those specific checks by acct. #, check#, payable to, and amount. Make it clear that all original checks are to be returned. My 2 cents
Buck, how quickly did the CA get back to you with the validation response? Did you get their reply at almost the same time as they signed for the validation letter, or was there a gap of more than a few days (at least a week)? Under the FTC's Wollman opinion, the validation can't come from what the CA has on file, so if the validation would be say a faxed copy of the checks wih an earlier date than the validation letter was signed for, or something similar, you could argue that in accordance with the FTC's Wollman opinion clarifying that they must contact the original creditor to obtain the validation for the transactions involved. Even if their response was quick enough that it could be argued that there is no reasonable belief that they contacted the OC to obtain the validation documentation, you may have a dispute under the Wollman opinion that the documentation was improperly obtained. Yes, its nit-picky, but the goal would be to bring the OC back into the picture... getting the CA to contact the OC to obtain the documentation, and then contacting the OC and telling them that if they can provide the documentation, that you would be willing to work with them directly, may be a way to get the CA out of the picture...
Thats really not what Wollman says. It says mere itemization of what they have in their files is not validation. If this CA had sent out a list with check numbers and amounts - that would be what Wollman protects against. Any court would clearly understand that original checks originated with the OC - the receiving bank would have sent the checks back to the OC. If the OC was smart enough to send the checks to the CA to have handy, they wouldn't be penalized. In this particular instance it would be "common sense" to do just that as the debtor is entitled to that original check back once he clears it up. But I like your thinking!!!!!!!!!! IMHO
Yes, they were all written to one business, and the CA took a couple of weeks getting the copies of the checks to me in the mail. My wife definately wrote them. I'm sure the CA had them handy because when I initially called them a few months ago, I told them I wanted to see those checks (yes, I know, I shouldn't have called, but that was before I found this board). Anyway, my issues are this. 1. They never filled out the questionaire I sent with the validation letter indicating if the account was assigned or purchased, but it's my understanding they don't have to. 2. Even if I sent the money to the OC, wouldn't this still remain on my CR? 3. My thinking is this: send settlement letter to CA indicating payment for deletion from CR and Chexsystems and Tele-Check (if I am indeed reported there, don't know if I am). By the way, they sent me a letter saying I need to resolve this, and if I don't, they may take legal action, and a warrant may be issued for me.
Re: Re: Bad Checks Warrant? As in arrest warrant?? You just had a civil liability, you haven't committed a crime!! Are you sure he used the word 'warrant'? That's a false and misleading representation under FDCPA! Or did he say 'summons' -- which would mean you may be asked to appear before a court? This would be legal, IF the collection agent indeed files a suit against you. If they do not file suit, this is stilll a misleading representation under FDCPA. [ or, talking to myself, did they leave themselves wiggle room by using the word 'may' ? ] You may have something there for a lawsuit against the CA, which you may use as leverage for deleting this collection tradeline from your reports. Secondly, DO NOT PAY, and indeed refuse to pay, if they are unable to give you your original checks back. Where is the guarantee that they won't pass off the original checks, if they have them, to another CA and you are stuck paying them all over again? By law you are entitled to have the ORIGINAL checks back, not just copies. [ jlynn also mentioned this; I am just reemphasizing this poing ] Best of luck!
Re: Re: Bad Checks six bounced checks?? they might mean an arrest warrant ( I certainly hope this isn't the case but it is illegal)
Re: Re: Bad Checks That's true. In most states, writing a bad check is a crime. Therefore they can go to the sheriff (or whoever is the appropriate official in that state) and obtain an arrest warrant. This is different from a collection for something like a credit card or doctor's bill, which would strictly be a civil matter. In that case, they would have to summon you to court and get a judgment. But since a bad check is a violation on CRIMINAL code, a warrant could be issued without any other action. In fact, depending on the amount of the check, it could be a felony. I wouldn't mess around with this. We aren't talking about having negatives removed from an account, you could be talking serious fines and even jail time if it's not paid.
Re: Re: Re: Bad Checks bounced checks aren't a crime unless it's proven it was knowingly or intentional
Re: Re: Re: Bad Checks Wow!! I certainly did not know that! Note to self: Be doubly conscious about writing checks to anyone ... and get an overdraft protection on checking account pronto ...
Re: Re: Re: Re: Bad Checks It's knowingly and intentional. Need both to make a crime. Best regards, Mirage
Re: Re: Re: Re: Bad Checks Thanks for the input everybody. These checks were written in another state. They bounced because my wife's payroll checks from her employer bounced (he later went out of business) As much as I hate paying a CA, I'm just going to send a letter stating I'm going to make payments to take care of this. I am going to ask for the original checks back, however.
Re: Re: Bad Checks I know here in Florida they CAN arrest you for bounced checks. It happened to my brother and he sat in jail overnight until my Mom bailed him out and he had to go in front of the judge the next day and pay the check PLUS fines, etc.... And the KICKER is the checks were in his and his wifes name...SHE WROTE THE CHECK TOO...and they arrested HIM for it. So be careful! If your name is on that check you are responsible too!
Re: Re: Re: Re: Re: Bad Checks Better read your state's penal statutes very carefully. In TX they have to give you 10 days (notice sent CMRRR) to make good, then it goes to the DA's office - if you don't take care of it before the DA, whether you have an oopsie in your checkbook or not is no longer the issue.
Sassy made a point in another thread... In some states, once you "go civil" (via a CA) you take the criminal element out of it. I never found anything like this in TX statutes, but as mentioned before, there are certain specific steps they have to take on an NSF check, to "go criminal". It can be a civil, or a criminal case. Either way, I would take care of these asap...
Re: Re: Re: Re: Re: Bad Checks I don't know your situation, but I would plan your payment schedule carefully, for ex. On xx/03 I will pay $xx. This will cover check number x. Upon receipt from you of that original check, I will then on xx pay check # xx on xx date. Try and make mini-lumps to take care of one at a time...you will better be able to gauge their intent (to return or not return the checks), before you get in too deep, and have another nightmare to resolve. Just an idea...
