Re: Re: Re: Bad ck, 12 yrs old - collect? I'm a little confused here. I did find National Check Control on the internet and also found a web site for JBC but addresses are not the same. I also couldn't find C&D. Any more info or specific web addresses I can check for these people? JBC seems legitimate according to their web site, but then again, any louse can put together a web site! Ugh! Any more advice? I'm ready to call these people and really let them have it, but want to be sure of what I'm doing first! Thank you again! BostnYnkee@aol.com
Re: Re: Re: Bad ck, 12 yrs old - collect? Someone else here dealing with them: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=49594&highlight=JBC More info on them: http://www.creditboards.com/phpBB2/viewtopic.php?p=10140&highlight=jbc#10140 Really, you can trust what I say - ask around. breeze | 7853 posts since Feb 2001
Someone else here dealing with them: http://consumers.creditnet.com/stra...4&highlight=JBC More info on them: http://www.creditboards.com/phpBB2/...light=jbc#10140 Really, you can trust what I say - ask around. Posted: Tue Apr 15, 2003 11:24 am Post subject: -------------------------------------------------------------------------------- If you have been a victim of NCC or their aliases, or have copies of dunning letters, phone recordings, etc, Here is the law firm currently pursuing them: http://www.ademilaw.com/cases/nationalcheckcontrol.php There are already judgements against this company. The reasoning behind seizing the Western Union payments is that is their lifeblood. Stopping that cash flow would strangle Hutchins & friends. -Radi8[/url] THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
To BostonYankee- There are two SOL's you need to keep in mind - the CIVIL SOL which, except for Rhode Island has long expired and the criminal SOL which has also probably LONG expired. You stated that the CA told you to "check with your bank" rather than provide you with a copy of the check in question. THAT is exactly why there IS a SOL - so that people do NOT have to retain records indefinitely and also it has to do with the 4th Amendment guarantee of a speedy trial - over long periods of time witnesses die and documents get lost. What I would do is challenge this attorney/CA - tell them in writing to VALIDATE by providing you with a copy of the check in question or shut up - and I would also start a FDCPA action immediately for the threats against your drivers license and anything else they have threatened since, as an attorney, they are presumed to know that these are threats they do not have the power to carry out - in violation of FDCPA.
To BostonYankee- There are two SOL's you need to keep in mind - the CIVIL SOL which, except for Rhode Island has long expired and the criminal SOL which has also probably LONG expired. You stated that the CA told you to "check with your bank" rather than provide you with a copy of the check in question. THAT is exactly why there IS a SOL - so that people do NOT have to retain records indefinitely and also it has to do with the 4th Amendment guarantee of a speedy trial - over long periods of time witnesses die and documents get lost. What I would do is challenge this attorney/CA - tell them in writing to VALIDATE by providing you with a copy of the check in question or shut up - and I would also start a FDCPA action immediately for the threats against your drivers license and anything else they have threatened since, as an attorney, they are presumed to know that these are threats they do not have the power to carry out - in violation of FDCPA.
Yeah, that seemed odd to me at first, too, but I thought it could be possible that the respective state may have passed some type of law to that effect. Now knowing the type of "lawyer/agency" this is, I'm sure it's a scare tactic and not valid.
Re: Re: Bad ck, 12 yrs old - collect? It doesn't matter - it would be a CRIMINAL action for the State to suspend/rovoke the driving privileges because of a NSF check and the poster would be hearing from the District Attorney - not a collection agency. No matter how you slice this cake it still stinks of FDCPA violations.
Re: Re: Bad ck, 12 yrs old - collect? This IS FDCPA violations! Period! As a previous poster stated, these atty's are not in the district atty's office. They cannot initiate criminal proceedings. Next, Check laws are NOT retroactive and most "theft by check" laws came into being within the past 10 years. I have not seen ONE state that suspends a DL for an unpaid check. They figure that 3X the check + Court costs is sufficient. I would send these idiots a C&D.
Re: Re: Re: Bad ck, 12 yrs old - collect? Not to get contentious, as I agree that they're most probably bluffing, but my point was if there were a law (I haven't heard of one in any state either, but I'm far from an expert on every state's statutes), the CA wouldn't need to be in the DA's office, or to initiate the criminal proceeding, other than to report to the state that this person is delinquent on a check which qualifies them for having their DL pulled, based upon that law. IF there were such a law, the CA would have the power to provide that info to the state, and it would be a concern to me. Assuming there isn't such a law, it's amazing that a company would pull such a blatant and outright illegal bluff, which the consequent penalties, over a small debt?! But then, this is a company being sued out the butt. Any wonder CA's have a bad rep.
12 yrs old - collect? They told me to check my bank records. Okay, now who keeps bank records for TWELVE years? BostnYnkee -------------------------- I do and everybody should. Why because situations like yours and other similar incidents have a habit of cropping up out of no where when you least expect it. Something like that that happened to me once and I had thrown out records that were over 7 years old. That little trick cost me a little over 48oo dollars. When you learn the hard expensive way you learn well. I swore never again and made myself a new rule. Never throw any thing away that you think you will never need. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Re: Re: Re: Bad ck, 12 yrs old - collect? Well, they won't be suing him in WI, it's illegal to collect on stale debts in WI, LOL. So, you're dealing with FL law. They are bluffing you, they know the debt is stale, probably don't even have the check, just a name and an old address. Your name was close, so they came after you. In all honestly, I would tell them go pound sand, it isn't your check, and even if it was, the statute of limitations was up a long time ago. Tell them if they put this on your credit report, you will sue them. They will move on to greener pastures when they realize you know what they're up to.
Re: Re: Re: Re: Bad ck, 12 yrs old - collect? If an individual has a judgment against another individual, in some jurisditctions, the courts will notify DMV to suspend that person's DL until the judgment is satisfied. To get a judgment, they have to sue and win. They can't win if you present the SOL as your defense. Or if you make them prove the debt is yours (since it isn't). They are bluffing. I have helped probably 10 different people who have dealt with them and their alter ego - they will leave you alone if you tell them to buzz off.
In response to your horrible situation Did you ever try calling the prosecutor in your county to see if there was something they could help you with?If they couldn't help you there is an organization called scambusters on the internet, maybe this is a scam that they have seen before.
Since it's over six years old, does it really matter? Most of the posters on the thread haven't been here in years.
