Collec. on returned Ck frm 1995

Discussion in 'Credit Talk' started by beary, Jan 4, 2002.

  1. beary

    beary Well-Known Member

    A company by the name of American Collection Consultants has verified that they are attempting to collect on 2 returned checks from a grocery store. They sent me a copy of the checks, both are from 1995. In fact, I'm pretty sure that I even paid them but unfortunately I no longer have that receipt.

    This may be a moot point, as I suspect that this is too old to be collectible and I can:

    1. Fire back a letter Quoting FCRA
    2. Get them to remove the collection from my CR

    I need your assistance. Can anyone advise what I should do next?
     
  2. iamsamiam

    iamsamiam Well-Known Member

    I am just about 100% positive that it doesn't matter how old a bad check is, you must pay it, if you do not have proof that you already did. Writing a bad check is a crime and would be different from someone just trying to collect on a bad debt. That has been my understanding anyway. On a different note, I know someone from my town who was just throwed in jail for a check that was written 9 years ago, he never received the letter from the DA and they arrested him when he didn't pay.
     
  3. beary

    beary Well-Known Member


    It is NOT my intention to get out of paying on a check that has been returned, nor did I willingly and knowingly write the checks against a negative balance. If I can remember correctly it was an error that caused the checks to be returned. I am very certain that I made good on the checks, extremely so but I am screwed because someone somewhere along the line made a similar accounting error and did not properly mark the checks as paid, and it was also my mistake not to make sure I in return had the original copies of the checks returned to me.

    All I'm asking is,

    1. Is this collectible after this long a time, as many here will attest sometimes if you go back and pay something that old, it gets reaged and you're stuck with it for another 7 years or so

    2. How best should I go about addressing this debt with the creditor? Verification letter they received from me was adequately responded to, I just have not read what comes next.

    Thank you.
     
  4. keltexx

    keltexx Well-Known Member

    I believe that they can attempt to collect, but cannot continue to report after seven years. Is this on your report already? Is it listed correctly (in terms of date of last activity)?
     
  5. xtn

    xtn Member

    I have never heard of a bad check being reported on a credit report. There is a seperate verification and reporting system used for checks.

    So I would:

    1. Suck it up and pay the collection if it isn't too much. But first get paperwork verifying the collectors legitimate right to collect it on behalf of the original vendor who recieved your bad checks. And of course, keep copies of everything this time.

    2. If it shows up on your credit reports I would seriously fight it. A vender that accepts a check from you in payment does is in NO WAY establishing any agreement of credit. This is not something, even if you hadn't ever paid them, that should be on a credit report. County records, sure. Some check verification system, you bet. But NOT on a credit report.
     
  6. author_22

    author_22 Well-Known Member

    A bank reported a bad check from my mom on her credit report, and reaged it and upped the actual price.

    A bad check results in judgments as well.

     
  7. christo124

    christo124 Member

    I'm in the same boat. I just started my credit repair journey. I noticed a enrty on my report of a returned check that went to a collection agency back in 1999. I changed banks and then moved. It is listed as a collection account with the name American Capital Ent. with the original creditor listed. The amount isonly $55 so I have no problem paying it. But I would like to verify it first and then go from there. Any suggestions?? I would like to get this off my report. it is also listed under type as Installment.
     
  8. iamsamiam

    iamsamiam Well-Known Member

    Check with lawdog.com and see what the SOL is for your state on the checks.
     

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