cheyenne52883 Posted August 20, 2008 Report Share Posted August 20, 2008 I have a collection account with Butte County Collection Bureau.. I believe the account is outside the SOL but need the original check to confirm the DOFD. Unfortunately I do not have any record of the original check.I have sent several letters to the CA (the most recent being 7/16/08) and have not gotten a response. What should I do now? Link to comment Share on other sites More sharing options...
ALVA Posted August 20, 2008 Report Share Posted August 20, 2008 If they are reporting to the CRAs, they are supposed to include the DOFD. So you could check with the CRAs Link to comment Share on other sites More sharing options...
cheyenne52883 Posted August 20, 2008 Author Report Share Posted August 20, 2008 Ok. According to my credit report the DOFD is 8/2004. Doesn't that mean that as of 9/2008 the acct has reached it's SOL?Once it is outside of SOL what tactics should I use to negotiate removal of the account?It is a very small account (Original amount owed is $58 but they are claiming I now owe $234) and I have been trying to negotiate with the CA but they will not respond to any letters and actually returned a check a send them (of course it did have a restricted endoresment on it)....How can I get this off my CR if they will not respond to ANYTHING??? Link to comment Share on other sites More sharing options...
lovebug5 Posted August 20, 2008 Report Share Posted August 20, 2008 Was your original DV sent in response to their dunning letter? Based upon the wording of your original post, I'm assuming that your DV's weren't considered "timely." Is this CA reporting on your CR's? If so, they're a data furnisher...And you know what that means. Link to comment Share on other sites More sharing options...
cheyenne52883 Posted August 20, 2008 Author Report Share Posted August 20, 2008 I have never actually received a dunning letter from them..... Just saw them on my CR.If they are just a data furnisher then they don't have to do anything huh? How would you suggest I try and negotiate this debt then? Link to comment Share on other sites More sharing options...
ALVA Posted August 20, 2008 Report Share Posted August 20, 2008 If so, they're a data furnisher...And you know what that means.623, right? I am learning Link to comment Share on other sites More sharing options...
lovebug5 Posted August 20, 2008 Report Share Posted August 20, 2008 Ok. According to my credit report the DOFD is 8/2004. Doesn't that mean that as of 9/2008 the acct has reached it's SOL?Once it is outside of SOL what tactics should I use to negotiate removal of the account?It is a very small account (Original amount owed is $58 but they are claiming I now owe $234) and I have been trying to negotiate with the CA but they will not respond to any letters and actually returned a check a send them (of course it did have a restricted endoresment on it)....How can I get this off my CR if they will not respond to ANYTHING???I posted my other response while you were typing this.Clearly this CA is reporting on your CR's and I'm making an assumption that your DV was not timely. I'm also making the assumption that you know this debt is yours, that you're not disputing it, and that you're willing to pay the $58 that you originally owed in exchange for having it removed from your CR's.That being said, have you tried to contact the OC with a goodwill letter? Link to comment Share on other sites More sharing options...
lovebug5 Posted August 20, 2008 Report Share Posted August 20, 2008 623, right? I am learning You win a prize!If you take away the argument of "timely" versus "untimely", which is constantly battled on these forums, there's always another option - requesting an investigation into an account with the data furnisher. If the CA is reporting on your CR's, you can request it with them. Why? They're furnishing data. If a CA assigned to an account is reporting the debt and the OC is still reporting the debt, they're both data furnishers. In my experience, I've seen that as a 1-2 punch in and of itself. Link to comment Share on other sites More sharing options...
cheyenne52883 Posted August 20, 2008 Author Report Share Posted August 20, 2008 Would the place the check was written be the OC in this case since it is a bad check? Link to comment Share on other sites More sharing options...
lovebug5 Posted August 20, 2008 Report Share Posted August 20, 2008 Would the place the check was written be the OC in this case since it is a bad check?Ahhh. It's a bad check issue. Depending on the establishment that received your bad check, it's a safe assumption to state that the establishment isn't reporting on your CR's themselves. In your situation it would be whomever your check was made payable to - the establishment that hired the CA to collect on the amount. With a $58 total, they might be more willing to just take their money... Link to comment Share on other sites More sharing options...
cheyenne52883 Posted August 20, 2008 Author Report Share Posted August 20, 2008 The OC is is NOT reporting to my CR.... So my options are:1) Approach the OC and see if they will settle2) Request and investigation with the "data furnisher"How do I request an investigation process work? Is it basically the same as a DV? Link to comment Share on other sites More sharing options...
lovebug5 Posted August 20, 2008 Report Share Posted August 20, 2008 The OC is is NOT reporting to my CR.... So my options are:1) Approach the OC and see if they will settle2) Request and investigation with the "data furnisher"How do I request an investigation process work? Is it basically the same as a DV?IMO, those are your two options.1. Send the company/service provider who you wrote your bad check out to a little letter, offering them payment of the original check amount. That you want to make good on your debts. That you understand the importance of financial responsibility. Keep in mind that they might laugh considering that your bounced check most likely cost them some bank fees, which they clearly want to recoup from you...If you really want to butter them up, you can offer them a little bit extra if you can afford it to cover fees that were charged to them. And ask for a deletion in return.2. Or...Provided that you have already disputed the account with the CRA's and this account has come back as verified, you send a letter to the CA who is reporting on your CR's pursuant to Section 623 of the FCRA asking for an investigation into the account. You tell them why you're asking for an investigation and provide them with enough reasoning and/or documentation (I'd include my previous DV letters) to support your request. They have 30-days to complete their investigation and deliver results to you, which depending on how you word your letter, can include copies of statements that show how the amount owed was calculated and account documents. If they deem your request frivolous, they have 5-days to let you know...If you don't hear from them, it's a violation of the FCRA. Depends on which route you want to take. Link to comment Share on other sites More sharing options...
cheyenne52883 Posted August 20, 2008 Author Report Share Posted August 20, 2008 So basically in option 2 the best result is that the violate the FCRA and the only thing I can do at that point is sue or threaten to sue?Guess I am writing a letter to the OC.. Link to comment Share on other sites More sharing options...
lovebug5 Posted August 20, 2008 Report Share Posted August 20, 2008 Actually no. The best option, IMO, is that the person you wrote the check to feels bad for you and accepts payment...And also agrees to delete the TL.Option 2 is a great option if you're trying to obtain documentation, feel that the data furnisher in question is providing bunk information to the CRA's, etc. Instead of running to court with an FCRA violation, most people take the route of filing complaints with the BBB and AG's after that - having a fully documented violation. If nothing comes out of the complaints, most people send out an ITS letter to the CA with a packet of documentation. And if nothing comes out of that, some people will contemplate suing. Link to comment Share on other sites More sharing options...
cheyenne52883 Posted August 20, 2008 Author Report Share Posted August 20, 2008 OK. I will do that. Wish me luck... Link to comment Share on other sites More sharing options...
Debt Guy Posted August 20, 2008 Report Share Posted August 20, 2008 CheyenneBad checks are different than debts and are governed under different statutes.CA has both a civil penalty and a criminal penalty for a bad check.The civil penalty is: California. Amount due, damages of treble the amount so owing, but in no case less than $100 or more than $500.By that math, under CA law, you owe the original amount of $58 plus triple damages of $174 for a total of $232. Why the collection agency is demanding $234 I cannot explain -- maybe there are cents with the original check and it is a rounding problem.The criminal penalty is up to 1 year in an orange jumpsuit. I have no clue if this is too old for a DA to get excited about or what the CA statute is on limitation for a misdemeanor crime.If you want to negotiate with the OC or the CA and/or dance the tune of disputing and 623 is entirely your call. Just thought you should be aware of some issues that had not been discussed.If it where me, I would just take my medicine and move on. Good luck. Link to comment Share on other sites More sharing options...
lovebug5 Posted August 21, 2008 Report Share Posted August 21, 2008 Nice point, DG. I didn't even think (my error - sorry Cheyenne!) of looking up bad check statutes in the OP's state. Link to comment Share on other sites More sharing options...
cheyenne52883 Posted August 21, 2008 Author Report Share Posted August 21, 2008 So it's possible for them to criminally prosecute me for a 4 year old bad check? Link to comment Share on other sites More sharing options...
Debt Guy Posted August 21, 2008 Report Share Posted August 21, 2008 So it's possible for them to criminally prosecute me for a 4 year old bad check?I did not say that. Please go back and read what I said."they" cannot prosecute you -- only law enforcement can initiate a criminal action -- all "they" can do is call the District Attorney and say "bad person -- cheated me -- bad person". The DA makes the decision what cases to prosecute based on resources and priorities. Personally, I think after all this time for a small debt, the DA would not prosecute. But, I don't know one way or the other and neither do you.The way the law is structured, the idea is to punish you financially with the treble damages. I was just explaining why the CA was demanding the amount they were seeking -- you seemed to think they had made it up somehow.Maybe you can cut a deal. I don't know. Link to comment Share on other sites More sharing options...
cheyenne52883 Posted August 21, 2008 Author Report Share Posted August 21, 2008 I did read what you wrote... You took my response too literally.I know that "they" (the OC) cannot prosecute me but they could try and persuade a DA to do so.... As you have said (and I agree) I don't think they would waste their time pursuing it... Link to comment Share on other sites More sharing options...
Recommended Posts