SOL for bad checks??

Discussion in 'Credit Talk' started by Ender, Apr 19, 2001.

  1. Ender

    Ender Well-Known Member

    I had some trouble in the past with a particular bank charging overdrafts and other ridiculous charges because of check holding policies and such.. that in itself is another story.

    Anyhow, the situation is that I have a collection agency that is coming after me now because of checks written back in 4/97 and 5/97. I was wondering if the SOL applies to these as well? The SOL for CA is 4 years - but before I do anything whether it is negotiating settlement with updating the credit reports and deleting the lines or doing validations, I wanted to confirm that the SOL is 4 years and not longer for checks? Does anyone know? Thanks in advance..
  2. Ender

    Ender Well-Known Member

    I also wanted to note that I asked the collection company to send me proof that these are in fact mine (because I also had my organizer with all my cards/checks stolen), and they sent a copy of the checks which had my signatures on them.. so I was able to verify they are the ones that I did write and not the fraudulent ones. So I am wondering about the SOL before I start doing any heavy negotiation. Thanks..
  3. CD

    CD Guest

    NSF Check SOL

    In California SOL is one (1) year on checks if they were forged (CCP §340(3), otherwise the standard SOL applies.

    Keep The Faith,
    Anthony Villaseñor,
  4. Cadillac408

    Cadillac408 Well-Known Member

    Ender - BACS?


    Is this the agency? If so, they sent you copies of the checks?
  5. Ender

    Ender Well-Known Member

    Re: Ender - BACS?

    First people that handled it was Telechecks I believed. Back then I was in the process of doing disputes directly with the bank and blaming them for paying the checks in the first place because the account was closed because I reported things stolen.. so things that were supposed to go through, didn't go through and things that weren't didn't as well. Either way, the bank ended up charging me overdrafts and a bunch of other complications I dealt with in the past.

    Now, the situation is a company called Commercial Check Control is taking over this from Telecheck I believe.. either bought or just collecting? Thus, CCC is the one that sent me copies of all 3 checks.. they want around $230 or so for checks that were originally not more than a total of $100. I don't mind paying since they were written by me and clearing it.. my concern however is my CR right now.. they report on all 3 CR as well as SCAN I believe. Also, the 3 check dates are between 4/97-5/97. Thus, I am concern about the SOL as well.. so, I was hoping the 4 year SOL (in ca) would make it impossible for them to collect.. then I was going to attempt to negotiate with them to remove all tradelines on my CR for payment of original amount and fines.. if they don't agree, then I was going to send them a C&D letter and also dispute with the CR as NOT ACCURATE .. which it is not as well because the amounts are inncorrect on my CR as well. This is assuming the SOL is expired of course..

    What do you guys think?

    NOTE: MP$40 - I also had similar issues with Safeway - but with that, I sent the letter I got from you before.. and will be sending the second letter. This situation is with another local grocery.. actually because of all these complications, I never even use checks anymore except to pay bills.. so I always charge, then pay those with checks to avoid these hassles.

Share This Page