Summons For NSF CHecks..How to respond?

[alikeith]

HI-

I recieved a summons for 3 nsf checks. The total of all 3 checks is less then $25.00, yep $25.00. They are saying the interest is over $100.00 which i can believe. The thing that confuses me is they are saying the principal amount is over $200.00... Huh?? This is way off by the numbers on the complaint they sent me.

I need to send the attorney a response and dont know how or what to say. They are trying to get a judgement of over $900.00 for this $25.00 debt. I am in Washington State...

Thanks!

[Guest usctrojanalum]

You need to look up the bad check statutes of your state. Usually there is a penalty imposed for NSF checks. in NY the penalty is the face value of the check plus two times the amount of that check up to some amount, i think it's like $750 or something.

Some states have a minimum fine for bad checks.

[Amerikaner83]

All righty then. in our state, the MAX allowed interest rate is 12 percent per year. ALSO, look at my thread titled "Washingtonians!" - You'll find rules the CAs have to abide by: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=277169&highlight=Washingtonians!

Look at our state laws...RCW title 62A covers bad checks:

http://apps.leg.wa.gov/rcw/default.aspx?cite=62A.3-515

(a) If a check as defined in RCW 62A.3-104 is dishonored by nonacceptance or nonpayment, the payee or person entitled to enforce the check under RCW 62A.3-301 may collect a reasonable handling fee for each instrument. If the check is not paid within fifteen days and after the person entitled to enforce the check or the person's agent sends a notice of dishonor as provided by RCW 62A.3-520 to the drawer at the drawer's last known address, and if the instrument does not provide for the payment of interest or collection costs and attorneys' fees, the drawer of the instrument is liable for payment of interest at the rate of twelve percent per annum from the date of dishonor, and cost of collection not to exceed forty dollars or the face amount of the check, whichever is less, payable to the person entitled to enforce the check. In addition, in the event of court action on the check, the court, after notice and the expiration of the fifteen days, shall award reasonable attorneys' fees, and three times the face amount of the check or three hundred dollars, whichever is less, as part of the damages payable to the person enforcing the check. This section does not apply to an instrument that is dishonored by reason of a justifiable stop payment order.

((1) Subsequent to the commencement of an action on the check (subsection (a)) but prior to the hearing, the defendant may tender to the plaintiff as satisfaction of the claim, an amount of money equal to the face amount of the check, a reasonable handling fee, accrued interest, collection costs equal to the face amount of the check not to exceed forty dollars, and the incurred court costs, service costs, and statutory attorneys' fees.

(2) Nothing in this section precludes the right to commence action in a court under chapter 12.40 RCW for small claims.

Bolded parts are my emphasis.

[Amerikaner83]

PM me with the name of the CA on this account...I think I know exactly who this is. Name starts with an A, and ends with an A as well...?

And are you SURE you actually received a summons on this? Many times the CAs will just sit on your reports, especially since filing in State or Federal court in WA state costs 200 bucks. Which Court did they file in? State or Small claims?