I have read & searched on this, but I'd like some opinions please. My best friend talked to a mortgage company and subsequently talked to a CA in California (we're in Idaho) about some bounced checks. There's about 15 checks they're trying to collect on (they've never contacted her--she called them) but all but 3 of the checks are from 94 & 95, which puts them past the SOL here. The CA told her that they can't send her any information until she sends them a payment. ha ha. They did tell her the check numbers and who they were made to. That makes me think they can probably validate. My questions- Since she had 3 bad checks in 98 & 99, did she re-age the account? Can each check be considered/disputed individually? Is there a way for her to pay the recent checks and make it noted that they are specifically for them--so they don't apply it to the 94 or 95 checks? Should she wait for them to send her something before she tries to validate? P.S. I have been lurking here for a while and have had some success with my own credit. Thanks to you guys! I am eternally grateful! Steph
I can answer one question. Yes you can specify which debt to apply the payment to. Its in the FDCPA. I would send validation for each check. They probably dont have the checks.
Your friend bounced 15 checks?!? Are you sure there is not a warrant out for his/her arrest in California? I'd think the DA's Office would prosecute someone who does that. Are you sure the SOL is up on these bounced checks? What is the SOL for this? It is not the same as not paying a credit card bill.
Your friend is lucky those checks are with a CA and should make good on them straight away -- that's outrageous. Sassy
I think the DA's in Calif. are too busy to go after her for bouncing checks. I would think if they haven't done it buy now she's probably OK. Just my opinion.
The DA's aren't too busy, those checks went to a collection agency instead of a DA, that's the lucky reference. Sassy
We live in Idaho, not California. The CA that these checks were turned over to is in California. And the sheriff did show up on her doorstep a few years ago. (For different checks, etc. that had all been turned over) At that time, she got some money from her family to take care of it. Somehow, these checks didn't get included in all of that. I agree that she is lucky to have not served jail time. There are obviously more things than bounced checks, but she has already repaid some of the businesses she screwed over. (and is working to pay the others) Now she wants to do the right thing, but to pay the original parties, not the CA in California. The checks themselves total around $100--they were just for stupid things like Taco Bell. (no offense to Taco Bell) The CA wants $750. I appreciate all your responses! Thank you!
