** not admitting any guilt but lets ignore the fact they may not be mine hypothetically ** 1. about 10 collections showed up after what is like 5 years. unpaid checks. strange timing eh? 3 different collection agencies. IL,FLA based, wont post details. 2. I disputed them of course. 3. Anyone know the SOL on checks are in the GA? please be specific. 4. The name was changed on my cwatch too. 5. Best method of approach. DLA is all late 99 which isn't long for the 7 year itch. 6. I have alot of debt right now, i'm wonder if my creditors will jack up my rates based on a item from 99 but posted now?? including for life BT's? 7. I will dispute till hell freezes over. Suggestions. Anyone know the SOL on checks in georgia specifically? i cant understand those sites. I can possibly reroute all my finances for a couple years till they drop off.
I may be incorrect - but as you are awaiting other answers, I'll tell you what I remember reading. There is no SOL for checks and the worst is that they stay in Chex or TeleCheck systems FOREVER or until paid. It's easy to dump them with disputes AFTER paid but not before. As to how it'll affect other creditors --- I only know that I've read complaints here where someone's interest gets jacked over night (horror stories of 9% to 24% overnight) because of a different account with a different creditor went past due/into collections, etc. Hopefully I'm WAY off base and someone has better news to tell you. Good luck!
chexsystems I believe is a credit reporting agency the 7 yr reporting period plus the dispute process would apply, I think telecheck is similar. your states law depend on check enforcement I would first dispute the accounts with the CRA if they remain after the investigation then I would send each CA a letter requesting validation ( copy of the check and their authority to collect it ) by CMRRR. if there is no proof of the debt they can not collect it or continue to report it. if you choose to pay see if your state has a restrictive endorsement laws that allow you to state that on the back of you payment . if not at a minimum get a letter stating the CA will delete the account upon payment. In my opinion a check is like a regular debt and can not be enforced legally after the SOL expires unless your states law say differently ( i know some DA get involved but the check has to meet certain criteria for enforcement proceedings. if the check is past SOL you can use C&D method. see Jams C&D= deletion posting on here. I would also wait for more opinions on here before taking any action someone may have more or different knowledge in this area.
Hi Sam, I understand that chexsystems is 5yrs for reporting and that paying only marks paid and stays on report until the 5 years are up unless the bank calls and ask them to delete it. You can get a lot of info from this site: www.chexvictims.com Hope this helps.
no im talking the CRA's. The DLA's are about 5 years OLD on each line but showing as 120+ or collection or both. will dispute. what next?? tnx.
Right Sam but for checks, they stay on for 7 years and the company can continue collecting because there is no SOL on checks for them - even after the 7 year time period.
well should i pay them , i know these folks won't delete for payment, i know that for a fact. what do you think the other creditors will do to me jack my rates cause of these old items?
Because I believe they can collect on these forever - including taking legal action, I would say yes pay them. However, try offering them a pay to delete offer. Maybe they will bite. If not, fwiw, I had a returned check YEARS... like EONS ago with WalMart. They listed as did the recovering atty (which was hired by them AFTER I paid it). I disputed and it came right off. After all, after you pay it, they give you back the check. Then how can they prove the original debt (unless they have the check). The only other thing I would say is that very possibly they don't even have it now and therefore couldn't prove it. But I'd be leary since there is no limit on them coming after you. Make sense?
I don't think they can be collected on forever, at least in most states. Unless you're talking like a debt, they can ATTEMPT to collect forever but won't prevail if they sue. I would definitely do two things first. Get validation from the CAs. That doesn't mean an account statement. It means that they PROVE they have the original check. A copy with a notary statement that they have seen the original check. Otherwise, it's a copy and you pay this one, later another one has another copy and tries to collect again. Second, call a lawyer, legal aid, the State AG or someone who really knows the laws of Georgia and ask what the Statute of Limitations is, if there is one. That will let you know how aggressive to be. But before you do anything, get validation. If your current creditors try to rate jack you, send them a letter that these collections are in dispute. We'll have to deal with it if and when it happens.
got any examples you can point me to for check validation? We're dealing with certergy, nco marlin and a few others.
oh yeah what is chance that an out of state coll agency would file a suit against you on a check. I think the laws here are $25+check amount. Could they tack on legal fee's? or not. Like would NCO sue you over a $86 check + $25 fee? i'm just trying to figure out how all these buggers came out like roaches recently. something tripped them up
before you proceed I would start by disputing the acct with the CRA they may get deleted and you won't need to ask for validation. if the acct remains AFTER the investigation then request validation by CMRRR. if there is no legal proof there is no debt. some of these CA may not even have the legal authority to collect the acct or may be required to be licensed by the SOS in your state to conduct business. also check into restrictive endorsements. as far as SOL applies acct that are post SOL you can write a C&D letter so they can not pursue collections I believe old checks apply but I would ask a lawyer to be sure of your rights. I agree with hedwig good luck
CMRRR ? examples please. Is GA a restrictive endorsement state? They can simply lie i dont trust any CA. I don't mind paying for debts but i will fight for it. 99 to 06 not a long time.
Re: Re: Old-timer needs serious help CHECKS thanks guys. If anyone has a specific letter for a check service they'd like to share, i'd be greatly helpful. Sucks to rain on your 2+ year parade with this junk.
