mzjazzyazz Posted October 6, 2003 Report Share Posted October 6, 2003 I HAVE 4 CHECKS FROM A CLOSED CHECKING ACCOUNT THAT IN COLLECTIONS. SO FAR ONE OF THE CA HAVE VERIFIED BY ENCLOSING A COPY OF MY CHECK THAT WAS ORIGINALLY $40 NOW THE BALANCE IS $130. CALI LAW SAYS THAT U ARE LIABLE FOR 3X THE AMOUNT OF THE CHECK AND THATS FINE. I KNOW I AM OBLIGATED TO DO PAY THESE CHECKS AND I HAVE NO PROBLEM WITH DOING THAT. ALL THESE ACCOUNTS ARE RECENT (THIS YEAR) IS THE BEST THING FOR ME TO DO IS TO OFFER A PAY AND DELETE SETLEMENT? I HAVE SOME MORE COLLECTIONS ONE IS FROM PG&E (UTILITY COMPANY), AND THEY ARE STILL HANDLING THE DEBT, BUT REPORTING ME AS COLLECTION. HOW SHOULD I GO ABOUT HANDLING THE DEBT IF IT IS STILL WITH THE OC? THE OTHER IS FROM PHONE COMPANY AND IS BEING HANDLED BY A CA. IF THEY DO VALIDATE, WHAT IS MY NEXT STEP? MY TOTAL DEBT (COLLECTIONS AND CC) IS AROUND $1600. THAT IS NOT THAT MUCH. I JUST WANT TO GET THIS OUT OF THE WAY, BUT IN TURN WANT A POSTIVE CREDIT RATING (DONT WE ALL WANT THAT ) Link to comment Share on other sites More sharing options...
paw67 Posted October 6, 2003 Report Share Posted October 6, 2003 As for the bounced checks, yes, I would definately try to negotiate for deletion but be sure that you get everything in writing before you pay.As for the PG&E account, an OC is not required to validate the debt, however, you could try to contact them and see if they will remove the negative remark in exchange for payment.The phone company ca that you are dealing with, I would send a dv letter via cmrrr. As soon as you get the green card back dispute it with the cra's. If they verify before they validate with you, then you will have them on a violation and may be able to use that later to negotiate deletion.I would get as much done in the next 30 days with the accounts as you can and then I would wait until the holidays to dispute again.Good luck!paw67 Link to comment Share on other sites More sharing options...
mzjazzyazz Posted October 6, 2003 Author Report Share Posted October 6, 2003 Thanks for the advice. That was the path that I thought woud be the best one to take, I'm glad someone else felt the same way. Link to comment Share on other sites More sharing options...
Guest Posted October 7, 2003 Report Share Posted October 7, 2003 Make sure about the triple the amount of the check law. Sometimes that is only true AFTER they get a judgement against you for the first one.I know in Indiana they have to obtain judgement first.Thought I would point that out. Link to comment Share on other sites More sharing options...
retmar Posted October 7, 2003 Report Share Posted October 7, 2003 In the State of California, they can only charge you the 3X if they follow a certain way. I don't have it handy, but, give me a couple of days and I will try and find it. If, by chance, you have a letter telling about the 3X, it usually has a particular code number it refers to included in the sentence. If so, go to that particular section and it will explain the requirements. As to the CA. Agree to pay in full only if they will delete the TL, and it must be in writing.Regarding PG&E, are you sure they don't have a CA working this? From what I understand, they can't report on their own. A normal situation which is used by landlords, etc., is to use a CA for reporting purposes. See what you can find out. Link to comment Share on other sites More sharing options...
mzjazzyazz Posted October 7, 2003 Author Report Share Posted October 7, 2003 Yes, they are handling it themselves, their name and address is on the credit report and it is not listed under a CA, but PG&E. I disputed some of the checks with the CRA and two verified so far. But I will only offer to pay them if they delete. If they dont do u think I should approach the OC. or do u think its too late once its in the CA hands? Link to comment Share on other sites More sharing options...
retmar Posted October 8, 2003 Report Share Posted October 8, 2003 You could try, but, then you would have a problem getting the checks back. For this reason, you need to have the law in front of you so as to not be coerced into paying 3X when it is not a legal charge. You are only liable for the amount of the check and a $20.00-25.00 fee. I will try and find that law in the morning and post it here. Also, remember, that you will pay nothing unless there is total deletion of the TL's from your CR's. Link to comment Share on other sites More sharing options...
mzjazzyazz Posted October 8, 2003 Author Report Share Posted October 8, 2003 Thanks Retmar. Only one of the checks are 3X the original amount. The rest are just the amount + the return check fee. But I still want to know what u find out. Thanks Link to comment Share on other sites More sharing options...
retmar Posted October 8, 2003 Report Share Posted October 8, 2003 Do nothing about that 3X until I show you the law. It is more than likely an illegal charge. Wait! Link to comment Share on other sites More sharing options...
mzjazzyazz Posted October 11, 2003 Author Report Share Posted October 11, 2003 Two of the CA responded. They included copies of the check,and a printout from their computer. Nothing else regarding their company, except a firm statement that I pay them. Link to comment Share on other sites More sharing options...
retmar Posted October 15, 2003 Report Share Posted October 15, 2003 Meldisha, I am sorry for taking so long. I had misplaced the section number so had to search most of the Civil Code. What you need to do is go to the California Civil Code and read Section 1719. It must be followed to a tee if they are trying to collect Treble charges. The Civil Code is found at the following site: http:www.leginfo.ca.gov/calaw.html . I can never get things to work here so just type this in your address. Link to comment Share on other sites More sharing options...
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