TPHicks

I may have screwed myself!

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I have been in contact with a CA ( I know better now) Hosto, Buchan, Prater, & Lawerence, P.L.L.C ( I can't find them to see if they are bonded in Texas) I made payment arrangements with them before I knew about this website- dang it! But when the check tried to clear my account didn't have the funds so it was returned. Could I be turned in for writing a bad check? Last night I got a call for them and they said since I wasn't going to be responiable in paying my debt they would just presue legal action against me. I haven't DV them yet is it too late. What do I tell the guy who keeps calling me? Any Advice would be so helpful! THANKS SO MUCH!

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Could I be turned in for writing a bad check?

All other issues aside, writing a bad check is against the law and depending upon the amount, could be a felony (some states draw the line at 200.00, but it varies greatly).

Unless you want to open yourself up to possible criminal charges, you need to make good on the check.

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Texas is a debtor friendly state. Read your state laws and search this board. In TX absolutely VoD them over & over again, Immediately dispute with CRA's. Get the account in dispute before they have a chance to get you into court. It will buy you some time at minimum to do some homework.

How old is the debt?

Bouncing a check is never good but in this case it may of helped you. NSF check should not restart SOL and I think you could mount a good defense that it was written under duress/pressure since it did bounce.

Your not screwed....yet!

Cheers

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Bouncing a check is never good but in this case it may of helped you. NSF check should not restart SOL and I think you could mount a good defense that it was written under duress/pressure since it did bounce.

How could committing a crime be helpful? Read Texas Statutes ss.32.41.

Additionally, a check - NSF or not - is considered by most courts to be a written acknowledgment and subsequent promise to pay.

Writing a bad check to get a CA off your back isn't a defense, but it is proof of your intent to defraud.

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Nascar I am aware of the legalities of a NSF.

That was said tongue and cheek;

I am sure even TX gives the OP time to make the check good. Assumption is he will do this.

Writing a bad check to get a CA off your back isn't a defense, but it is proof of your intent to defraud

You call it defraud. I call it being bullied into payment and would include that in any answer to a complaint or my own complaint for that matter.

Cheers

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1) As you will see from a few posts on this board, just because you DV/Dispute the account, it may not stop it going to court anyways. Your first step is to find out is if this debt IS out of SOL. Texas SOL is 4 years, so that can be your defense if you go to court.

2) You can DV a CA whenever you want. Needless to say, if it is out of the 30 day dunning letter, they DON'T have to respond. If you dispute and demand an investigation, they are required to respond in 30 days regardless of when it is requested.

3) Writing them a check was a mistake, now they have your bank info. Yes it was NSF but you should make good on the amount immediately with a Cashier's Check only. NEVER give a CA your bank info. But depending on the amount of the debt, unless the check payment brings the account current, it will NOT reset the SOL. But since you wrote it, pay for it or you can be opening up a whole other can of legal worms you don't want.

4) Finally, best way to get them to stop calling you? In the dispute letter, also include a line for CEASE AND DESIST and all communications are to be done ONLY via USPS. If they attempt to call you after you requested a CEASE AND DESIST, let it be known that all calls will now be recorded so any phone calls made to you will be acknowledged as such. This will stop the phone calls.

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The NSF matter would not be an issue in a complaint. Regardless of what can be asserted, a check drawn on NSF was presented. I would allow a second attempt to clear or reissuance of another check, not a cashier's check. The recipient already has your bank information, so the CC would be a waste of money.

The unfortunate side about debt validation is that it may only buy you a small amount of time, often 30 - 60 days. Requesting DV would not stop a lawsuit already in process. It should however, prevent the filing of a lawsuit until reasonable proof has been obtained. In order to prevail in most courts the creditor has to prove the debt to a judge and that is what validation consists of. If they send you copies of your statements from yesteryear along with payment history, etc. that may be plenty sufficient to prove the debt in court for Summary judgment. On the other hand, if they cannot produce anything other than a piece of paper claiming what you owe, chances are slim they could prevail in court. Therefore, you would want to show up to avoid entry of Default judgment.

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Thanks for everyone's advice. I didn't intentally write a NSF check (someone got a hold of my debit card). I thought when they called I had no other way to go. I NO that this account isn't mine! I pulled my CR last week and found my info along with someone else's on my CR I have started a fraud case on my CR. Can they call and threaten to sue you. I am new at this but I remember reading something about treats by CA on here?? I live in Texas. I have tried to look them up to see if they are bonded in Texas and I can't find them can anyone help or has anyone dealt with them before. On my CR it has this account under Wells Fargo charged off april 2007 and I guess that is where the CA comes in. What should I do next. When I spoke with the guy I felt as if I had know other way to go but that is before I started reading the forums. AWESOME bty! Thanks for any input!

* CA is HOSTO, Buchan, Prater, & Lawrence,P.L.L.C

PO Box 3397

Little Rock, Ar 72203

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