Return Check Collections

[msespn]

I recently pull my credit report and saw that I had a collections for a returned check, I call the agency Global Payment Check and told the payment was $30.00 and I said ok was going to pay but the CSR put me on hold and then got back on the phone and she said it had been sent to a another agency. Rephen Law Firm who said rudely and nastly that they were going to send my case for review if I did not pay $155.00. The first agency told me $30.00 but the second agency told me 155.00 but on Credit Report it says Global Payment Check and $30.00, How can I dispute this and get it remove through the bureau or collections. What should I say to them in a letter?

[flacorps]

Is it really a check you didn't make good on with the store?

People need to know that when they make good on a bad check, if they don't get that physical check BACK in their hands (or the CHeck21 image of it these days), they are still on the hook because the check will sit in a drawer and wind up in the hands of a botttomfeeder sometime down the road.

Then you pay the bottomfeeder, you don't get the check back, and they sell it to another bottomfeeder.

[LUEser]

Flacorps,

That sound like an annuity to me.

But we don't all fall from the flyingifr mold.

[msespn]

Yes it was it was for 5.00

[flacorps]

How old is it, and what are the bad check laws like in the state where it was written (and are you still in that state?)?

[sparky256DSL]

You can DV the CA/Law Firm. They are still acting as a debt collector and must follow the FCRA/FDCPA. Start with making them validate this debt and then since it is such a small amount negotiate a PFD. I agree with flacorps though, make sure you know your bad check laws regarding this.

NOTE: With a google search it looks like these guys are scum and should NOT be trusted with their word (Rephen Law Firm).

[Flyingifr]

$155 to redeem a $5 Check? And I thought the punishment of Jean Valjean was absurd.

Nevertheless, you need to research the NSF Check statutes in your State to see what they can legally add to the Check. Actually, since most of the fines are fixed-doillar amounts instead of percentages of the check amount, $150 in fines and penalties for an NSF Check is not outr of the question.

[isislc]

Here is some info if the check was originally written in Missouri.

http://www.lawdog.com/states/mo/checks.htm

I'm not sure if this is true or not but pay close attention to the line that says "Only the original holder of the bad check may bring legal action under this provision."

If the statute is correct, I would write them a nice letter telling them to pound sand. They aren't even charging you the correct amount, which is pretty fun for supposedly being a law firm. Try talking to someone in legal help. There are some legal clinics that provide free, general info. I would try running it past them because this sounds kind of fishy. GL

[cap1kid]

Be careful- it some states you can get charged criminally for writing bad checks- usually the reciepient can get a warrant immeadiatley if the check was drawn on a closed account- or give you 10 days notice on an insufficient funds check. if you don't pay within 10 days- they can get a warrant. I believe the statute of limitations for criminal charge of worthless check is 2 years. Civilly it could be much longer www.ckfraud.org/penalties.html

[isislc]

That's what was nice about the link I supplied. It says specifically that legal action can only be taken by the payee of the check and if they did, could either do civil OR criminal, not both.

How old is the check and did you ever receive anything from the original payee via certified mail?