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Check Collection


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So, about six months back I wrote a check that, hmm, did not claer the bank. It was sent to check collections, in the meantime I moved and the hassle of moving it got misplaced. So I was going through the bills and was getting ready to get a postal mo for it, when I noticed that another company was trying to also collect on the same check.

I wrote a letter to both companies, enclosed their letters, etc to each other so they could see I was not just trying to dodge paying this another month. In my letter I asked them to please respond in 30 days with who holds the legal right to collect this, etc. I received a "verification" from one yesterday, which just inculded a photocopy of the check, which to me says yes they have the write to collect, but also there was a saide of me that is using caution. I have not heard anything from the other company.

Here is the intresting part, both companies are reporting on my CR, I know that two companies can not collect on the same debt at the same time. IS there any kind of violation here?

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You need to be sure of who's what there. If whoever you wrote the check to sold it to a Junk Debt Buyer (JDB) and they in turn contracted a CA to hassle you...you could have two different companies reporting.

Have you talked to whoever you wrote the check to? Maybe you can pay them directly...

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I've heard so many horror stories about these things getting fouled up, that, if it were me, I'd call the OC again...and tell them that its my personal policy NOT to deal with CAs. If they want paid, they'll have to take my money directly.

(In the mean time, I'd send the other CA a letter saying that you warned them once, and if the don't immediately remove themselves from your CRs, you'll contact your lawyer.)

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I gotta beleive it is a violation. If you've got money to work with, you might want to get your attorney involved anyway. There are so many things that can go wrong when a CAs involved, it would be worth it to have all the legal t's dotted and i's crossed.

(I would think that this might just be a matter of timing...one CA had it, couldn't get anywhere, sent it back to the OC, the OC gave it to a second CA. Its possible that the first CA will disappear from your reports as the result of your DV. On the other hand, they are pretty stupid sometimes, so you may have to sue).

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