I have been reading this site for awhile now and you guys have some great advice that has helped me quite a bit. I have a question about a returned check. I have a check that was placed with a CA. I am going to send payment to the business the check was written to. Do I just send the CA a cease and desist letter after I pay the check? I did this with one other check and it worked fine and I got my check back just a few days after it was paid and didn't have to pay the few that the CA was asking for. This second check is listed with a different CA that I am not familar with. I am just wondering if after I pay the check to the business it was written to and the business cashes the money order, can the CA sue me? Thanks.
My suggestion: Break the steps you want to accomplish down into chunks of work and effort that you can properly address and/or handle/track. Here's my take on your situation: -> You owe money on an NSF check. -> You are in state XYZ. State XYZ has a Statute of Limitations conerning many things, including checks (or negotiable instruments, I forget the wording). -> If -- and you have to check -- your SOL has expired, then the CA and OC are powerless to open a lawsuit which will stick. Although they can still SUE, their case can be thrown out when you submit a defense of "outside SOL" and therefore, uncollectable. -> If -- checking again -- your NSF is NOT outside of the SOL, not only can the CA and or OC pursue a lawsuit, but they can also record it to the CRA's. The bottom line is: you have to establish facts upfront. The facts can help you drive down a path of smart decisions regarding your obligations, and how to clear them up. Specifically, you need to identify: (1) How old the NSF is. (2) Does your STATE SOL still apply? (3) Do the two [I saw that you have two checks, right] CA's have OWNERSHIP of the debt or just assignment. Remember, the tactics can be a bit different on CA's who purchased the debt, and those who are collecting on commission [assignment]. The CA's who purchase debt are often more aggressive, and have a vested interest in fighting your tactics quite hardily. The assigned CA's often will fold under small amounts of pressure, and return the debt back to the original creditor. (4) Are the checks currently listed on your credit reports? What tactics and strategies you choose must be driven by your goals. What are your goals? My sample goals for your situation are as follows. Note that I'm -- up front -- choosing to PAY the debts/checks instead of fight them to court. You didn't specify the amount of checks, so I'm going to assume it's over $50, but under $5000. Also, please note, get more information on #2 and #4 below -- this is unknown territory to me and I would like you to get some veteran assistance with it. Also, find out what your local PRO SE court (small claims court) monetary limit is. This will help if you have to consider the court option (if, later, it is forced upon you). Here goes. I would pursue paying the debts only if I could : (1) Have the debts removed from all three of my credit reports, permanently, if they were so recorded. (2) If the debt were purchased from the original creditor, then have the CA issue a written statement that they authority to force the OC NOT to report the debt, or pursue collection either after payment has been established per agreement. This way, if you pay the CA, and somehow the OC gets jealous and wants some cash too, they can't go after you AGAIN, as well. (3) If the debt has been assigned to a CA, have that CA provide written authorization as well so that the CA and the OC both agree to not pursue further action -- that the debt is cured once paid. (4) That any entry into ChekSystems is removed entirely. CS is the system that keeps track of bad checks for a large majority of the banks in the country. Much has been written about them, search here and elsewhere, but in the end -- from what I've heard and read -- CS entries are like glue and the consumer has little to no effect on removing them. But a CA or OC can -- as they can correct, and even reverse when they supply to CS. You can accomplish this in a multitude of ways, but we need more information to guide you. Above all else, keep good records of your moves from here on out. Remember, if you EVER have to go to court, you want to present as much good documentation to your favor as possible. Well organized, precise and courteous defendants (and, if you ever have to sue someone else, plaintiffs) can help you to win your side of the story. The more that you can show that you were ready and willing to pay the amounts in question, and that the nasty and ill-boding CA's and OC's failed to accept their payment for small favors in return, will show the judge that you are a good 'Joe' and that the other parties are just out for blood. I guess -- to summarize, we need a little more information. Start with the State you're in, the amount of the checks, if you are aware if they've been purchased or assigned, and how long since the NSF on the check?
I always use CRRR mail. 1. 2 months 2. yes 3. they were assigned to the CA 4. no The checks were for amounts under $50. They were returned becuase my employer screwed up on my new direct deposit (long story). I am more than willing to pay for the original check amount. That is not an issue here, but I refuse to pay fees for something that was not my error. I want to send a cease and desist to the CA and just pay the original creditor, but after I pay the check to the business it was written to and the business cashes the money order, can the CA sue me?
After I pay the check to the business it was written to and the business cashes the money order, can the CA sue me? bubbles23 =============== The ca the oc and anybody else having a copy of the check can sue you if you you don't get the original check back before you pay. This is just one of the many many many reasons not to pay before getting the Orig. check back ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~ ~ ~ ><- <>- ><- <> More about this at this thread link. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=56516
Re: Re: can I do this? Logically it doesn't make any sense that the CA could sue you if you paid the OC as long as the debt is assigned and not purchased. What would they sue you for? Their job is to collect a debt for the OC if there is no debt to be collected then what are they suing for? Their collection fees? Send them a postage stamp and call it even As for the OC just make sure you explain that you're paying so they should call off their dogs! afterthought: How much is the check for? They probably won't waste their time?money suing you for a small amount anyway. Don't know for sure but... just a thought.
Re: Re: can I do this? Your beef is with your employer as far as fees go. The OC was probably charged fees by their bank when you wrote the NSF check. Most fees for NSF checks are rooted in state laws. In TX, you can charge a max of $30 for a returned check. You need to pay the check + the fees to the OC
Re: Re: Re: can I do this? Like I said, I am paying the checks. My employer will not pay the fees. I have already discussed it with them. The most they did was write up a letter stating that the error was on their part, not mine. If I were to pay the CA, they keep the fees. They said they don't send that money to the OC. I have put in a copy of the letter from my employer with the letter I am sending the OC explaining the mishap. I also put in the letter that if the OC wants me to pay them a fee if they were charged one, that they can contact me and I would be happy to do so. Most of our banks here don't charge though (very small town).I refuse to give money to the greedy collection industry.
Re: Re: Re: can I do this? I have a check that was placed with a CA. 1* I am going to send payment to the business the check was written to. 2*Do I just send the CA a cease and desist letter after I pay the check? 3* I did this with one other check and it worked fine and I got my check back just a few days after it was paid and didn't have to pay the few that the CA was asking for. 4* I am just wondering if after I pay the check to the business it was written to and the business cashes the money order, can the CA sue me? bubbles ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~ ~ ~ ><- <>- ><- <> 1*what will you do if you do that but later find out you paid the wrong party and the ca still duns you for the debt? 2*Bad Idea as you could ger sued by them if the debt was theirs instead of the business. 3*You were lucky- might not work again this time. 4*see 1*2*&3*. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~ ~ ~ ><- <>- ><- <>
I have a check that was placed with a CA. 1* I am going to send payment to the business the check was written to. 2*Do I just send the CA a cease and desist letter after I pay the check? 3* I did this with one other check and it worked fine and I got my check back just a few days after it was paid and didn't have to pay the few that the CA was asking for. 4* I am just wondering if after I pay the check to the business it was written to and the business cashes the money order, can the CA sue me? bubbles ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~ ~ ~ ><- <>- ><- <> 1*what will you do if you do that but later find out you paid the wrong party and the ca still duns you for the debt? 2*Bad Idea as you could ger sued by them if the debt was theirs instead of the business. 3*You were lucky- might not work again this time. 4*see 1*2*&3*. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~ ~ ~ ><- <>- ><- <>
<< If I were to pay the CA, they keep the fees. They said they don't send that money to the OC. bubbles23 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- < They can't do that. You would owe one or the other but not both. >>
