Well, I've been out of the credit repair loop for a long, long time and I'm somewhat at a loss of what to do next. After two years of not worrying about collection notices, and having a generally warm feeling about my credit (after two years of diligent repair work), I got a collection notice the other day from JBC and Associates, PC. I'm working on my validation letter, but as the letter they sent didn't include the name of the original creditor or any reference to the age of the debt, I gave them a call to see what was up and to notify them I'd be requesting validation. Turns out, this is for a bad check I wrote 7 years and 3 days ago. Amazingly, I remember this check, as it's for a somewhat small amout (under $50), and the bank actually erred in returning it. In any case, at the time I called and explained the situation to the store's manager and he said if I took them a money order he'd be fine with that and not post me to their "bad checks" list. And, so I did, and I never heard anything about it again. Nothing on telecheck, no collections, etc. However, now this collection agency/attorney is trying to "collect" on it. The woman I spoke to was actually pretty rude, and was insistent that validation was just an unnecessary delay tactic on my part, and that while I could proceed, the attorney would take that into consideration when deciding how to handle my "case". (Apparently they are an actual law firm.) Unfortunately, I'm rather sure I don't still have the reciept for the money order or from the store. These days I keep all of those things, but I was young and stupid. She also said that they intended to post this to my credit report and telecheck ASAP, regardless of the 7 years, since--in her words--"until the debt goes away, it don't matter how old it is, we're allowed to post it, so you really should just pay it now". Now, I know that's generally BS--but, I don't want to make a misstep here, and I'd like to make sure I've got all my bases covered. I've also never had a collection effort for a bad check, and I know the rules can be a bit different. Is there anyway, considering the age, that this could legally show up on my report?
You need to contact this law firm: Posted by dedelman@edcombs.com (68.22.117.14) on September 10, 2003 at 20:20:12: We have filed a class action against JBC in federal court in Chicago, alleging (a) misrepresentation of liability under state bad check statutes, (b) threats of litigation on time barred debts, and (c) sending of attorney letters without attorney involvement. The suit is presently on behalf of residents of IL, IN, WI and IA. We are interested in joining other residents of those and other states as plaintiffs and/or filing in other states. There is no financial obligation. You may have to appear for a deposition, possibly in Chicago or wherever a case is filed. You may recover up to $1,000 statutory damages under the Fair Debt Collection Practices Act, possibly any amounts paid on time-barred checks, possibly other statutory damages under state law (depends on the state), and possibly compensation for serving as class representative. If you are interested, please send us your collection letters. If JBC is harassing you, send them a certified letter directing them not to contact you. If, as in most cases, the debt is time-barred, there is nothing they can do. They are not entitled to sue and their threats are empty. Daniel A. Edelman EDELMAN, COMBS & LATTURNER, LLC 120 S. LaSalle Street, 18th floor Chicago, Illinois 60603-3403 (312) 739-4200 (800) 644-4673 (312) 419-0379 (FAX) Email: edcombs@aol.com www.edcombs.com This communication may constitute advertising. These infidels also have a court date in WV this morning for this same crap: ATTORNEY GENERAL DARRELL McGRAW SUES TO ENFORCE INVESTIGATIVE SUBPOENA AGAINST ANOTHER NEW JERSEY COLLECTION AGENCY Attorney General Darrell McGraw announced today the filing of a petition asking the Kanawha Circuit Court to order JBC & Associates, a New Jersey collection agency, and its owner, Jack Boyajian, to produce records about its West Virginia collection activities as required by a subpoena issued by McGrawâ??s office on August 11, 2003. McGrawâ??s office opened an investigation of JBC after several consumers complained that the law firm/collection agency was attempting to coerce payments of alleged bad checks by threatening arrest and criminal prosecution, harassing consumers repeatedly by telephone, refusing to identify itself, and refusing to provide copies of canceled checks or other verification of debts when disputed by consumers. The Attorney Generalâ??s office also found that JBC was not licensed and bonded to collect debt in West Virginia. Kanawha Circuit Judge Todd Kaufman ordered JBC and Boyajian to appear in his courtroom on December 12, 2003 at 9:30 a.m., to show cause why an order should not be issued compelling compliance with the subpoena and prohibiting the company from collecting debts in West Virginia until it complies with the subpoena and with West Virginiaâ??s collection agency licensing and bonding laws. Any persons who wish to file a complaint against JBC or other consumer matters may do so by calling the Consumer Protection hotline at 1-800-368-8808, or by obtaining a complaint form from this site. (Complaint Form)
1*(Apparently they are an actual law firm.) 2*Unfortunately, I'm rather sure I don't still have the reciept for the money order or from the store. 3*She also said that they intended to post this to my credit report and telecheck ASAP, regardless of the 7 years, since--in her words--"until the debt goes away, it don't matter how old it is, we're allowed to post it, so you really should just pay it now". 4*Is there anyway, considering the age, that this could legally show up on my report? cnswift <<<<<<<<<>>>>>>>>>>> 1*Nope they are an illegal CA. 2*Don't need it any way as you aren't required to prove anything on a time barred debt! 3*So send them the V.L. and nail them for a 1000 when they post it before they validate. 4*Nope because the 7 year reporting period ended 3 days ago! >------------------------------------------------------>>
If their letter didn't conatin the MM you got them on a $1000 violation right off the bat. Not bad and you heven't gotten started on them yet.
Wow. the nerve. How does this Jack Boyajian guy sleep at night? this looks like a pretty cut-and-dry situation to me. Wish all my credit crap was this easy. You might even make some money off this jerk. You ought to send a copy of that post and article along with your validation demand, lol. good luck.
