Hello I am most desperate to find out the regulations on an issue I am having. I will do my best to keep this short: 2/3/06 Girlfriend car break down mid way through an across the state commute for work. I drive to scene to help. 'Repair Shop' (use that term lightly) says $978 to fix. Would not take a check larger than $500, so paid remaining balance with debit card ($479) Therefore, wrote check for $500, dated 2/3/06. Next day car blows up mid way through the drive. Had to salvage it there. Could not "prove" was the negligence of the repair. Check ultimately ended up bouncing. Tried to inquire why car blew up 1 day after repair, no help. They said could bring it back but the car was 250 miles away. They weren't paying to have it towed that far. Further expenses to arrange alternate travel and rental car for two weeks caused check to bounce. Repair shop turns the $500 over to collection. Never showed up on my credit report anywhere. Didn't even know it was filed as a collection or I would have fought it! 08/2012 Check bank account online. Notice a check withdrawn from account in amount of $550. 6 YEARS LATER. Print check and notice: --- It is NOT a copy of the handwritten check, now it is electronically printed. --- Date on check has been changed from 02/06 to 08/12 --- They still used same check number. --- Check not written to original payee. Now is written to collection agency. Can this collection agency, change the date on the check, use the same check number, change the payee and resubmit/ re-present the check 6 years later with no notice to me??? I have a family with newborn and just trying to make ends meet. I am hoping someone can point me in the right direction, who to contact etc.... Please, you advice is most graciously received.
No, they can't just print a new check out of thin air and cash it. I would contact your bank immediately and report it as fraud.
Also, I personally would send an intent to sue, outlining the details above in a complaint. Section 808(2) requires them to provide a notice before attempting to deposit a dated check. $1,000 in your pocket is better than $550 in theirs.
