Hi Marie, I appreciate the advice that you have been giving everyone here. I need help though... Long story short, the collection agency keeps verifying w/ the CRAs that I owe them for 2 bad checks. In all actuality, my ex is the one who wrote the checks. I have been in contact w/ the agency and I have requested that they send me proof. I waited a month then called and requested it again. Nothing.....then I sent them a letter (after I disputed w/ Equifax and it came back verified) return receipt and requested that they send me proof of this debt (if you email me, I can send you a copy of the letter that I sent them). This was done on 10/19/00 and then in January 01, Junum disputed this and it came back verified! I never received a response from the collection agency at all. The last corospondance I received from them was a letter stating that when I disputed this in 10/00, the credit bureau contacted them to verify this and they verified it. That's it. So since Junum has tried to no avail, I would like to send a second letter to them but don't quite know what to say. Can you help me? It's frustrating because it is so easy for me to go over there (5 minutes from my house) and start going off on people! I don't want to cause trouble....I'm just tired of them reporting FALSE information on my credit report! By the way....I joined the credit-repair group on Yahoo like you suggested.
joint account? I'm not well-versed in check issues... fortunately! Let's go about this logically. You've been doing absolutely the right things. Hopefully you're sending the letters certified/rr so you have proof they received the letters (otherwise, all collection agencies just act like they didn't get them). I am wondering if the account is joint or individual.. and whether or not you could be held liable if it is a joint account... still, if they can't prove it at all... they might as well have made it all up in their heads. regardless, your asking for validation is correct and their lack of response is usual. If you think you might "go off" on them, justifiably (by the way), you might want to try talking w/ a supervisor (manager. owner) of the agency...over the telephone... then faxing them the letters again if you get a positive response from "higher up". I'll send you my email offline... send me what you've sent. Remember, I'm not a lawyer... but Maybe if you follow up w/the validation letter 2 (no response = no debt letter) it might help. If you get no responses and they keep verifying... you can always copy the FTC and the state's atty general... and you can sue. Unfortunately, sometimes we have to go to extreme measures to get stupid things fixed. I do know that for every violation you are allowed 1,000 pretty much automatically. You can sue in small claims court. But I'd prob. go FTC and atty general route first. That certainly would get their attn. I'd also post this one on yahoo and see what you get. They're good there too. I'll email you.
RE: joint account? MP$40, I was manager for bad check recovery. Marie has a point...alot rides on if it was a joint checking account. It also depends on your state statutes as far as check recovery. Let me know if I can help ;-)
RE: joint account? "I am wondering if the account is joint or individual.. and whether or not you could be held liable if it is a joint account." I can tell you this much. If in a divorce case, one of the two was ordered to pay a certain bill and didn't, the creditor can go after either side. The party that was not ordered to pay can go after the other if made to pay that debt. Now, any debts incurred by one party after the filing and serving of the divorce papers are the legal responsibility of that party and they can not go after the other party.
Greg Correct me if I am wrong, but it shouldn't matter whether it was a joint account IF the checks were written after the divorce case was filed. Anything done before the divorce would make both liable, but afterwards the acting parting would be liable?
Greg, what about proof? Greg: since you're the subject expert here, don't still have to provide proof if he requests it? Otherwise, they could just randomly say "you, you owe 100 bucks... and we're collecting on it". Actually, that seems almost what they do What constitutes proof for checks? A copy of the checks? The actual checks? Copy of info from the bank? And if they tried to file suit, wouldn't they have to have a copy of the checks? This is an interesting one. They're still subject to all the types of FDCPA and FDRA regulations... right? Besides, if they had a copy of the checks, why don't they just turn it over to the courts. In Ga, if you write a bad check (even a little one) the one who got stuck w/a bad check just has to take it to the courthouse and the sherrif arrests you (felony if over 500). You pay the check to get out of jail. No collectors ever get involved. It just goes on Chex et al. Wondering... do they not have a copy of the checks or are just seeing if MP$40 will cave into the credit bureau blackmail... pay the checks to get the item off his reports...
LKH This is where state statutes gets involved. Of course, if the couple is married, it does not matter which writes the check, both are liable. If the parties are divorced (in which the joint account should be closed), both parties can be held liable if the account is still in both names. Individuals need not be married to open a joint account. If the divorce agreement is as you indicated, it would depend on state statute. Some states will allow collection on either party, in which one ex would have to sue the other for violation of the divorce agreement. But like I said, the debt could be legally collected from either party.
As an aside who in their right mind would have a joint account AFTER the divorce. Ugh. Must be from before.
It was joint w/ a Boyfriend no To answer your questions. The thing that's bugging me is that the collection agency is totally ignoring me. When I did talk to someone there, they stated that my ex also had accounts for checks written at the same place also (Safeway grocery store) so obviously they don't care if the account was joint or not.....they haven't came after me in regards to those accounts....only the ones that they claim that I wrote. I just want proof that I wrote the checks. I have requested copies of the checks to no avail. If they can show me 2 checks that I wrote and signed for, then I'll be more than happy to pay for them. I am will do to what it takes to get this cleared....even if it means that I have to file a case in small claims.
RE: As an aside A couple has a joint checking when they are married. Then, in the process of a divorce party a says "I'll close the account" and doesn't and continues to use it,or, they do close the account and one of the parties decides to continue writing checks on the closed account.
Right! I want proof! That's what I'm trying to establish here. Do they expect that people will just fall for the o-key-doke? What makes them able to send out letters stating that you owe xx amount of money for a check that you wrote w/o even offering proof? Especially since I've requested proof 3 times now (twice via phone and once via certified letter). I JUST WANT PROOF!!!!!!
RE: Greg, what about proof? What constitutes proof for checks? A copy of the checks? The actual checks? Copy of info from the bank? --------------- Marie, We would have the actual instrument marked accordingly "CLOSED", "NSF", etc. ----- "And if they tried to file suit, wouldn't they have to have a copy of the checks?" Yes! The actual instrument or a certified copy of the original instrument. ---- "This is an interesting one. They're still subject to all the types of FDCPA and FDRA regulations... right?" ABSOLUTELY! The State of Nevada and Washington State has strict regulations on the collection of checks along with Fed regulations ----- "Besides, if they had a copy of the checks, why don't they just turn it over to the courts. In Ga, if you write a bad check (even a little one) the one who got stuck w/a bad check just has to take it to the courthouse and the sherrif arrests you (felony if over 500). You pay the check to get out of jail. No collectors ever get involved. It just goes on Chex et al." Depends on state law. $500.00 and over is a felony. We would try and collect on our own unless it was a really high amount. ----- "Wondering... do they not have a copy of the checks or are just seeing if MP$40 will cave into the credit bureau blackmail... pay the checks to get the item off his reports..." Possible. They need to respond to her. If not, I would contact the AG's office of the state she lives in.
RE: Right! I want proof! Obviously since you've requested 3 times and they won't provide you with proof, they have no proof that you wrote the checks. Personnally I would write them 1 more time demanding proof or you will take whatever steps are necessary to resolve this ie: small claims.
MP$40 If the collection agency does not respond, you could send them one final letter stating that if you do not receive proof of the debt, you intend to contact the AG's office and file suit in court.
MP$40 how about the letter you YOu want to post it here and let us look at it? Then we could help you with a followup letter... this is getting fun!!!
RE: That's would I would like If you want to post the letter like Marie suggested, we could take a look and make suggestions. Sorry, I only had templates for collecting, not disputing ;-)
