I just recently got a letter in the mail stating I owe a balance of almost 250.00 for a ck written to a store that I haven't seen or been to in over 10 yrs. I contacted the attorney's office that sent the letter and at first, they wouldn't even tell me the amount of the original check. I managed to get the name of the bank out of them finally, but I've never had an account with that bank. I checked into it further with the bank's main offices and they confirmed that I have never been a customer there. I called back to the attorney's office with this information. The lady there finally gave me info that the check was written in Nov. of 1991 for 53.88. This is the very first I've heard of this check and as you can see, this check is almost 12 yrs old. I haven't even lived in that state in 10 years. The co. the check is written to is out of business and has been for some time. Is there a statute of limitations on collecting for a check written 12 yrs ago? Given that I never had an account with the bank the check is written on and can provide verification of that, is this even a valid collection? I guess I'm more concerned with the statutes of limitations. Any and all help would be appreciated! Thank you! BostnYnkee@aol.com
What's the attorney's name? There are some class actions going now over these old checks. Don't do anything until you know more about this.
1*I managed to get the name of the bank out of them finally, but I've never had an account with that bank. 2*I checked into it further with the bank's main offices and they confirmed that I have never been a customer there. 3*Is there a statute of limitations on collecting for a check written 12 yrs ago? 4**Given that I never had an account with the bank the check is written on and can provide verification of that, is this even a valid collection? 5*I guess I'm more concerned with the statutes of limitations. BostnYnkee@aol.com ========================== 1*So how did you write a check on a blank check you never had or seen? 2*So how did you write the check? 3*For a check you never issued the SOL is ZERO. 4*Give me three reasons why it would be valid.The first 3 don't count! 5*Sol don't apply to YOU because you never wrote the check. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
I have no idea how this was linked to me but the letter from the lawyers office has part of my social security number on it. I delt with one bank the entire time that I resided in the other state (which was most of my life, less the last ten years). I do know that bank was bought out a couple years ago, but I've checked with the bank that bought them and they have no record of that check either. The lawers office (collection agency) told me that the check is physically written on a check from the bank they say it's drawn on, which as I said, I never had an account with and that bank has verified this. I've told them it's not me and asked why they didn't contact me before now, especially if the check was written in 1991 and I didn't move from that state until two years later in late 1993. They could not answer that and could not tell me if there had ever been any contact demanding payment before now. They told me to check my bank records. Okay, now who keeps bank records for TWELVE years? Now, I'll be honest and say that I have no reccolection of writing this check ... it was to an Ames Dept. store. I didn't shop Ames because we had a Bradlee's dept. store, and their quality was much better. But then again, I don't remember every place I shopped at twelve years ago either. It could have been a one time thing, but more than likely, it's not me because I didn't ever bank with the bank they claim the check is drawn on. If, for some strange reason, it IS me, (lawyers office messed up with info on bank check was drawn on or something), then what is the statute of limitations? If it WAS me, I would have been glad to clear up a 54.00 check, that's for sure, especially if I had been contacted and knew about it. I would like to clear this up somehow. They are threatening court action, suspension of my drivers license, you name it. I just don't understand how they can try to collect on a check that is 12 years old. They did tell me if I could provide two forms of verification that it wasn't me, they would drop it, but then told me that those verifications need to be, 1) letter from the bank (no problem) and 2) Police report saying that I reported forgery or stolen checks ... but then told me that I can't even file a report because THOSE statutes of limitations have run out! Geesh, so what are my options?
I imagine he has the same name as the person who wrote it. And he obviously would like to not have to prove that it wasn't him, hence the wondering about the SOL. Re: that, does anyone know which state's SOL apply in, for instance, credit card situations? Is it: a) where you lived when you opened the account b) where the company's home office is c) where you currently live, assuming it's a different state than in a) Thanks for any guidance! FWIW: a) was WI, c) is FL, and I don't know b) (it's Citgo).
The name of the Attorney's offices are: JBC & Associates, P.C. Located in Boomfield NJ with offices in CA, NY and MA. What are the class actions that are going on? I just find it hard to believe that after no contact at all, they can come after me 12 years later for a check! It seems logical that there would be a statute of limitations on collecting for this, since even rapes & child molestation have statute of limitations of less than 12 years! The statute of limitations for judgements in this state is only 10 yrs. SOL for other things as low as 3 & 4 years. The check was written in MA, I now live in NC. They listed NC general statutes in their letter, so I assume they are using NC as the state laws they are going by. Thank you for any and all help!
Look here for both the State this accured in and the State you now live in. http://www.edebtnetwork.com/content/collection_laws.asp
2) Police report saying that I reported forgery or stolen checks ... but then told me that I can't even file a report because THOSE statutes of limitations have run out! ) Police report saying that I reported forgery or stolen checks ... but then told me that I can't even file a report because BostnYnkee ================== 2) How do you do this on an account you didn't have from a bank that isn't yours? Make them show you the original check ! ! ! THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Re: Re: Bad ck, 12 yrs old - collect? This is what is stated on the above site as far as statute of limitations (both states are about the same as far as SOL): Open Acct.: 3 Sale of Goods: 4 Written Contract: 3 Domestic Judgment: 10 Foreign Judgment: 10 Which of these would a bad check fall under, or would it? Would a bad check be considered a debt or a crime? I just have a feeling this is going to turn into one heck of a legal hassle for me! Ugh! Thank you again for all help & info! BostnYnkee@aol.com
Re: Re: Bad ck, 12 yrs old - collect? I asked them this too (How could I write a check on an account that I didn't have and that didn't exist), but of course there was no response. That was when I was told to check my bank records. It just seems to me that at this point, the easiest way to make this go away (since I don't believe this is my debt) is to apply SOL and tell the collection attorney that ... if SOL exists for this and applies in this case. I'm not so concerned about a credit report because as I understand it, they can't report this to my credit because of how long it's been. Then again, who knows! BostnYnkee@aol.com ================== 2) How do you do this on an account you didn't have from a bank that isn't yours? Make them show you the original check ! ! ! THE END ** *** ** LB 59 """""""""```~~~```'""""""""" [/B][/QUOTE]
Re: Re: Re: Re: Bad ck, 12 yrs old - collect? No, I have not. I asked for them to send me a copy and was told that was not their responsibility, that I needed to check my own bank records. They also told me that they had contacted me for the very first time in March of this year and had I asked then, they would have given me one, but now they are under no obligation to provide me with anything other than the demand letter that they sent. I never got any other letter from them! The bank that this check is suposibly drawn on told me it sounds like a scam and not to worry, but I do worry! I've never had a problem like this and really don't want to be out with my young daughter some day and get arrested for something I didn't do! BostnYnkee@aol.com
Re: Re: Re: Re: Bad ck, 12 yrs old - collect? I would demand to see the original check. Also look at that link I posted to see if the charges they are charging are within the law. $250 for a $50 check sounds pretty high. Could be lawyer fees I guess. Most States have specific charges for checks. I would also start doing everything in writing with them. demand to see the check. If they wont show you the check they have to be violating something. Even a lawyer just can't demand payment from an individual and not show some sort of proof. Everything in writing from this point on... Let us know what happens.
I found a forum for posting legal questions, apparently for the legal profession to respond to: http://chat.lawinfo.com/index.cfm From there, select the Practice Area and State, and post your question there. From a law office website, at: http://www.carreonandassociates.com/sol.htm here's a good explanation of SOL's, and below it is are links to them. Statute of Limitations "THE TIME OF COMMENCING ACTIONS-Time allowed that litigation-lawsuit can be brought. After that time, it has expired. Statute is a law. Passed by legislation and varies by state. The original statute of limitations begins at the onset of the contract signing (see more below for time barred debts). Statute of limitations vary from state to state but it is usually 4-6 years depending on the state. The term statute of limitations means the time allotted to legally enforce the debt. If a statute expires and someone sues you, It is up to you to bring the expired SOL defense to the other parties attention. If you say nothing or do not bring up the expired statute then the judgment can be entered. Don't assume it means the other party is barred from attempting to collect. It simply means that your defense is the expired SOL not to enforce the lawsuit. If your statute of limitations has expired that means that the debt cannot be enforced by lawsuit, that does not dismiss the debt and the creditor can still leave it on your credit for 7 years (excluding some public records, those can remain for 10 years) but legally you do not have to pay it if the statute has expired." Here's the page for each state's SOL: http://www.carreonandassociates.com/statute.htm And, for each state's collection laws: http://www.carreonandassociates.com/collectionlaws.htm So, it seems that the SOL has expired, which will prevent them from being able to enforce the debt in court (even if it were yours), but they can still mess up your credit. You could point out to them the unenforcability of the debt (which I'm sure they're aware of), along with the fact that it's not yours, and hope they won't report it. But I'd call the old city's PD and ask to to a report by phone. Don't even mention the SOL; they'll react that there isn't much they can do, but may not even think about the SOL. Just say you know, but you need to file it to keep a collection agency from messing with your credit. They should do it. If they mention the SOL, tell them that a lawyer told you it doesn't start until you're made aware of the fraud, which it indeed may not. Even if not, he's a cop, not a lawyer. Good Luck!
Re: Re: Re: Re: Re: Bad ck, 12 yrs old - collect? No, I have not. I asked for them to send me a copy and 1*was told that was not their responsibility, that I needed to check my own bank records. BostnYnkee= ================= 1*This is at least the second lie I've seen them tell you. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
: Bad ck, 12 yrs old - collect? 1*was told that was not their responsibility, that I needed to check my own bank records. BostnYnkee= ================= 1*I don't think your records include someone else's checks at their bank do you? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Re: Re: Bad ck, 12 yrs old - collect? OK, that's what I thought. JBC is National Check Control. Trust me, tell them you are filing complaints with the NJ Attorney General, the Attorney General in your state, and the FTC (who has already sued them, and they are under a C&D in several states). If you don't trust me, search this site and the other credit message boards and the internet. Their address is the same as National Check Control. National Check Control is in deep doo doo. Tell them get lost, the account isn't yours, and if you ever hear from them again, or they put anything on your credit report, you will sue them from here to kingdom come. Also, tell them you are contacting the attorneys who have recently filed a class action against them, and that you intend to join that action. Don't worry about SOL. It's irrelevant.
Re: Re: Question: CA posing as Law Firm lbrown59 | 11009 posts since Feb 2001 205.188.197.31 | 07.20.2003 @ 22:20 quote: -------------------------------------------------------------------------------- Originally posted by JeepGuy Which state? -------------------------------------------------------------------------------- New Jersey. I'm looking for info on JBC & Associates. SLOYAROLE ===================== Re: Re: Bad ck, 12 yrs old - collect? breeze | 7852 posts since Feb 2001 205.252.74.25 | 07.20.2003 @ 19:38 OK, that's what I thought. JBC is National Check Control.
