Re: Re: Re: Re: Re: Bad Checks 1*before you get in too deep, and have another nightmare to resolve. 2*you will better be able to gauge their intent (to return or not return the checks), jlynn | 1*Such as. 2*They would have to have the original checks on hand to give me at the same instant that I paid.
Re: Re: Re: Re: Re: Bad Checks Buck: Then let them try to file an arrest warrant out on you, you have proof that the bouncing was not intentional, or knowing, becauuse you had no way of knowing that you're wife's soon-to-be-out-of-business employer was going to pay her paycheck with a bouncing check. Then you can counter-sue for defamation of character, false arrest, and fraud under the FDCPA. Look at the FDCPA page on the FTC web site for the NCC article, this CA is using the same NCC tactics that have them out-of-business themselves.
Re: Re: Re: Re: Re: Bad Checks I like your suggestion, jlynn. I think I will pay each check one at a time, and have them return checks as I go. I'm also going to make a notation in the letter I send them that by cashing my money order (I'm not sending more checks!), they agree to the payment terms and the condition to return my original checks. I appreciate your suggestion, jam. But I really don't want to risk a possible criminal case or jail time. These checks were written about 9 months ago, so I think if they really wanted me behind bars I'd be there already. I just want to clear this matter up as quickly as possible. I'll deal with any notations on my CR at a later date....
Re: Re: Re: Re: Re: Re: Bad Checks It all depends on the state. In my state if you issue a check and it bounces, intentional or not, it is a crime. It is written that way.
Re: Re: Re: Re: Re: Bad Checks Your wife may have legal recourse against the owner or former owner in your case. Check your states' Holder In Due Course clause in the UCC. If the owner of the failed business did not sign the checks in his/her corporate capacity, then he/she is personally liable for the checks. ie, if the check is just signed Joe Blow he is cooked, but if he signed it Joe Blow, Pres. or whatever, it is iffy. But if checks were issued and he knew they would bounce, then you can go after him too.
Re: Re: Re: Re: Re: Re: Bad Checks If the owner of the failed business did not sign the checks in his/her corporate capacity, then he/she is personally liable for the checks. ie, if the check is just signed Joe Blow he is cooked, but if he signed it Joe Blow, Pres. or whatever, it is iffy. But if checks were issued and he knew they would bounce, then you can go after him too. As I understand it this who she wrote the checks to. What kind of a spin does that put on things?
Re: Re: Re: Re: Re: Re: Bad Checks I can't tell from the original post, whether this is his wife's employer whom the checks from them bounced as well; or if this may have been a job that she had before, or after the employer who bounced the pay checks. If it was, then you could argue, that it was THEIR passing a bad check to pay for her wages, which caused the check to them to bounce, therefore the whole thing would be their fault. If the business doesn't want their checks to them to bounce, they shouldn't write their paychecks on rubber paper, espcially when their employees wouldn't be advised that the paycheck wouldn't be valid. Heck, I would tell the employer's CA to go after their client for bouncing the check.
Re: Re: Bad Checks Actually, what I said, is in Wollman, its just the second part that no one actually thinks of using... the way that i use it... Remember Wollman was a two-pronged question, can we print off our records, and do we mail the validation, or does the OC. By asking the second question, even RMCB (Retrieval Masters Creditors Bureau) admitted that the validation documentation needs to come from the OC, they just weren't sure whether they had to mail it, or if the OC had to mail it... "Because one of the principal purposes of this Section is to help consumers who have been misidentified by the debt collector or who dispute the amount of the debt, *** it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. *** Mere itemization of what the debt collector already has does not accomplish this purpose." Granted, the address on the copy of the returned check that they may have on file does address the concern about misidentification, but there is a reason that the FTC clarifies that the legislative intent of Congress was to get the CA to contact the OC, and for the OC to provide the CA with the validation materials, and the CA to forward the documentation that they just received from the OC.
Re: Re: Re: Re: Re: Re: Re: Bad Checks Buck opined "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)". His wife relied on the payroll checks being good. But to her determent, they were not. This is no excuse. But it does give her a cause of action to go after her former employer.
