Re: Re: Threats-Help My sister-in-law had a check for $20 bounce several years ago & the company tried to have her prosecuted for it. It was an honest mistake in record keeping but they wouldn't just take payment for the check + fees, they wanted blood. She attempted to work with them and they had no intention of working with her because they said that she had broken the law & should be punished for it. Fortunately for her, she was dating an attorney at the time who spoke with the DA and got it taken care of for her. paw67
You are the victim of yet another company in the style of National Check Control... See the article on the FDCPA homepage for information on the NCC actions. http://www.ftc.gov/os/statutes/fdcpajump.htm First, like anything else, ask for complete validation of the account, and any and all fees, and the legality of them. Second, ask that they do not contact you in any other way, except for writing. No calls, no third-party communications. Chances are if they're as dumb as they sound, they'll be just as threatening in writing as they were over the phone, if they are, they are violating the FDCPA *IF* they can not prosecute, or routinely do not prosecute. When was the check writen, for prosecution, you would need to check on the codes of your state, for the statute of limitation on prosecuting criminally, civilly, the check is considered a 'loan instrument', if the company which contacted you purchased the check, then you would also need to find out whether the company which purchased the check is authorized to prosecute criminally for it, in a lot of jurisdictions only the company that you wrote it to could prosecute criminally. This would be where you would want to look for the information on what is proper for your state. http://www.carreonandassociates.com/collectionlaws.htm#Illinois
Look on the bright side, even if you do get pinched for it, its only 15 dollars, a minor misdemeanor, the worst your lookin at is a small fine and some community service, probably 40 hrs. no time in the slam, and if you do get a day or 2 it will be on work release. but that wont happen. (well not to you).. Sorry im a cynic, I worked for a few years in common pleas court, so i have seen it happen).
