bad check

What is the name of your state? NJ

I wrote a bad check 6 years ago, to a casion in Atlantic City. They have sent it to a collection agency. Has the statute of limitations run out for them to pursue a criminal act? I want to pay it off to avoid a civil action, they are demanding full payment, but I can only afford partial payment. What is my recourse?

[djohnson]

Your only option is to pay it or don't. The first party can collect it forever and there may even be a warrant out for you. Writing a worthless check is a criminal offense. They don't have to take partial payment. Your only recourse is to pay it. You wrote the check. If there was money in there and this was an error then paying it should not be a problem. If you wrote it on purpose knowing it was bad then don't expect anyone here to tell you how to get out of it. It should have been paid long before now.

[JETX]

djohnson wrote, "The first party can collect it forever and there may even be a warrant out for you. "

Sorry, that is not correct. The check is a written contract to pay. As such, the NJ SOL (Statute of Limitations) on a written contract is 6 years. Depending on the EXACT dates involved, the debt may be unenforcable. However, if charges were filed or a warrant issued, it would not expire.

[djohnson]

The statute of limitations would limit the time a warrant could be filed or a third party collector could pursue collection. The originating company as there is no guidelines for a first party may continue to hold this as a debt against you forever. As stated previously. They may charge it off but it is still a debt against them. They have the right to refuse you future service or check writing privileges to them. Unless ofcourse your state has some weird rule about first party collections which Halkett has implied. If so I do not know of.

[JETX]

This is really not as confusing as djohnson is making it. He said, "The first party can collect it forever....", which is simply not correct.

The expiration of the statute of limitations (6 years as noted in my previous post) would make the debt (contract) uncollectible.

[djohnson]

The SOL is the time frame that action may be filed against you in court or a third party collector may attempt to collect. After that time they cannot file for judgement or any other civel action. However a date does not make a debt magically disappear for the original debtor.

[JETX]

Damn it, djohnson, no matter how you try to 'spin' it, your post was flat out wrong.

Let me be very clear... when you said that they "can collect it forever", you were wrong. AGREED???

[djohnson]

No, not agreed SOL is for lawsuits and third party collections it has no bearing on the first party to continue collection actions. The may not be able to inforce it by any legal means at that point but the first party is still owed a debt.

Are you now saying that first party collectors must abide by all the rules of third parties? Or just when it suits your purpose?

There is nothing saying that after the SOL has ran out that the first party cannot continue at any point to hold this as a debt against them.

In your business if someone owes you money and the SOL has ran out what do you do? Consider it paid? Just say oh well? Alot of companies run in house collections now for older debt. Sometimes it may depend on the type business and the amount of the debt being worth it. But they can continue to hold the debt. I don't know what is so hard for you to understand about that. I think you just like arguing like when you correct posts to say the same thing. You are giving original creditors the wrong idea and they can lose money based on that idea.

Why on earth would the statutes allow primary creditors (or even third party collection agents) to collect to infinity??? If a business is unsuccessful in collecting a debt, they usually chalk it up to a profit & loss write-off and then third party collections come along and purchase the accounts.

Show me the procedural law because I want to get in on the business of collecting debts as a third party collection agent!!

Geeze

[djohnson]

The post states only original creditors not third party. I am not sure where you are reading this from but if you want to get into third party collections try any collection agency as that is what they are.

I will give you an example that I see regularly that is being collected over the SOL.

A utility company is left with a bad debt by customer A. Years later way after the SOL has passed customer A moves back into service area and requests new account for utility. Utility company refuses service until account is paid in full including fees per their policy.

Account over SOL is paid. This is done almost daily at utilities. SOL says utility can no longer sue for judgement, file warrant on returned check or turn over to collection agency or place on credit file. It does not say however that they cannot collect by any means necessary to them and their company. Call any utility in the Tennesse Valley and you will be told this by them and the representing attorney's.

Originally posted by djohnson
The post states only original creditors not third party. I am not sure where you are reading this from but if you want to get into third party collections try any collection agency as that is what they are.

I will give you an example that I see regularly that is being collected over the SOL.

A utility company is left with a bad debt by customer A. Years later way after the SOL has passed customer A moves back into service area and requests new account for utility. Utility company refuses service until account is paid in full including fees per their policy.

Account over SOL is paid. This is done almost daily at utilities. SOL says utility can no longer sue for judgement, file warrant on returned check or turn over to collection agency or place on credit file. It does not say however that they cannot collect by any means necessary to them and their company. Call any utility in the Tennesse Valley and you will be told this by them and the representing attorney's.

Then what you are talking about is the DISCRETION of the creditor and whether they have the right to deny future credit to a person. I'd just like you to cite a procedural law that gives the creditor the infinite time frame to collect on a bad debt.

[JETX]

djohnson... Warning!! Your ignorance is showing!!

Your failure to understand the legal issues is just causing your posts to increase in errors.

"No, not agreed SOL is for lawsuits and third party collections it has no bearing on the first party to continue collection actions."
**WRONG! The state mandated SOL applies to ALL debts, including first party, 3rd party and even judgment creditors.

"The may not be able to inforce it by any legal means at that point but the first party is still owed a debt."
**That statement is correct. But your post said to collect, not just claim a debt.

"Are you now saying that first party collectors must abide by all the rules of third parties? Or just when it suits your purpose?"
**No one has said that first party CREDITORS must abide by the same rules as 3rd party COLLECTORS. For example, CREDITORS are exempt from FDCPA.

"There is nothing saying that after the SOL has ran out that the first party cannot continue at any point to hold this as a debt against them."
**I agree that they can still 'hold' the debt, they just can't collect it (as you claimed).

"In your business if someone owes you money and the SOL has ran out what do you do? Consider it paid? Just say oh well? Alot of companies run in house collections now for older debt."
**Yeah, old debt makes great wallpaper.... cause that is all it is good for.

"Sometimes it may depend on the type business and the amount of the debt being worth it. But they can continue to hold the debt. I don't know what is so hard for you to understand about that."
**My difficulty in 'understanding' is simple... it is because you are wrong. There are some scum-sucking, bottom-feeding debt purchasers that will try to collect expired debt (and there are enough 'suckers' who will pay to make it worth their while), but any knowledgable person will realize that the debt is DOA and unenforcable if the SOL has expired.

"I think you just like arguing like when you correct posts to say the same thing."
**Trust me, I do NOT like arguing. But I do hate misleading and incorrect posts.

"You are giving original creditors the wrong idea and they can lose money based on that idea."
**And what 'idea' am I giving original creditors that is wrong?? Simply, if the SOL has expired on the debt, it is NOT enforcable.

In closing, the SOL makes NO distinction as to first party or third party debt... it applies to ALL.

[djohnson]

The fair debt collection practices act was designed for third party collection agencies. SOL is the length of time you have to enforce a debt. Show me where a first party collector cannot hold the debt. By denying service they are in affect collecting a debt way past the SOL. Once again if you read all the posts you will see I said that the place the check was written could continue to hold it against that customer and may if warranted refuse future services due to it. You are asking something that is completely not in the post. I will list the phone numbers for you of these companies if you would like and it would make it easier. They will tell you that they can still hold that debt and collect upon it. They can not enforce it but they can collect it. After you reread what has been stated and understand it correctly show me where that is against the law or any act.

[djohnson]

To make it easier try some of these:

(TN) Jackson Utility District 901-422-7460
(KY) Paducah Power 270-575-4022
(TN) Clarksville Dept of Elec 931-552-8151
(TN) Cumberland Elec. 6 counties 931-645-2481
(TN) Gas and Water 931-647-7400
(AL) Scottsboro Electric 256-574-2680


If you want more let me know.

[JETX]

djohnson: Another nice attempt at 'spin control'!!

To try to help your memory, what you said was, "The first party can collect it forever and there may even be a warrant out for you."

You are now trying to 'spin' that to be "that the place the check was written could continue to hold it against that customer and may if warranted refuse future services due to it."

They are NOT the same, no matter how much dancin' you do!!

The fact STILL remains.... once the SOL has tolled on the debt, it is unenforcable. The creditor can howl til the moon turns blue.... but it is still NOT enforcable. If the creditor (or ANYONE) files a lawsuit on the expired debt, the debtor only has to file a Motion to Dismiss and detail the expiration of the SOL. Case dismissed!! File closed!! Go home!!

From your subsequent posts, I think I see where you have gotten confused. You are believing that a merchants right to refuse service to a poor risk (past due account) has something to do with SOL and the collection of that expired debt. They are NOT the same thing. The SOL makes that debt UNENFORCABLE via any use of demand or litigation. It does NOT waive the creditors right to refuse to provide service to that 'customer'. The merchant can simply refuse their service unless they pay it. But that is NOT the same as collecting on an expired debt.