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  #1  
Old 08-16-2003, 04:45 PM
missmom3
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nsf check


What is the name of your state? Michigan

I have been contacted by the bank because a check I wrote was sent back as nsf. I was told I have 5 business days to pay it or be prosecuted. Can you tell me what will happen if I can't pay it in time?
  #2  
Old 08-16-2003, 04:50 PM
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Re: nsf check


Quote:
Originally posted by missmom3
What is the name of your state? Michigan

I have been contacted by the bank because a check I wrote was sent back as nsf. I was told I have 5 business days to pay it or be prosecuted. Can you tell me what will happen if I can't pay it in time?

My response:

Easy. It's just as the bank said.

Look, writing a bad check is the same thing as bank robbery, except you weren't holding a gun. It amounts to the same thing.

IAAL
  #3  
Old 08-16-2003, 08:28 PM
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Did the BANK give you this ultimatum or did that come from a collection agency ??

How long ago was the check bounce ?

Did you know it would bounce ?
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"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #4  
Old 08-16-2003, 08:33 PM
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[quote]Originally posted by Ladynred
[b]

Did the BANK give you this ultimatum or did that come from a collection agency ??

MY RESPONSE: The writer already said - -
"I have been contacted by the bank . . ." Sounds like plain English to me.



How long ago was the check bounce ?

MY RESPONSE: You can believe it wasn't that long ago, at most a couple of weeks. Banks don't sit on NSF checks for 4 years.


Did you know it would bounce ?

MY RESPONSE: Scienter has nothing to do with this. The fact is, the check bounced, the writer was informed, and still hasn't made good on the check.

This isn't rocket science.

IAAL
  #5  
Old 08-16-2003, 08:38 PM
CalieBayGirl
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In general, NSF checks are returned to the party it was written to. These days alot of companies send it right to the "Bad Check" dept. at the DA's office.

What you are looking at are nominal fee's and they, (the DA), can also force you to take a class, and pay for it yourself before it is cleared. The other thing if you do not pay it, is you will be inputed into a "Check Scan" system that most companies are linked to, meaning no more check writing.

Good Luck
  #6  
Old 08-16-2003, 08:40 PM
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I see you're lurking, Counselor

I know its not rocket science, professor...

but.. just because the OP SAID it was 'the bank' doesn't necessarily mean it WAS the bank. CA's are sneaky-ass SOB's .. and they often will say they're from the OC when in fact they are a CA.

Banks don't sit on NSF checks for 4 years ?? I've seen way too many posts that say differently. The check bounces.. the account is negative, they CLOSE the account.. then they hire a CA to go after it.

Just because you bounce a check doesn't make you a criminal. Unless I'm mistaken, its only 'criminal' if there was deliberate INTENT. Many people make mistakes.. that doesnt' make you a crook, does it ??
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #7  
Old 08-17-2003, 08:43 AM
ßillcollector
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"Just because you bounce a check doesn't make you a criminal. Unless I'm mistaken, its only 'criminal' if there was deliberate INTENT. Many people make mistakes.. that doesnt' make you a crook, does it ??"

Well said. I am collecting on closed checking accounts lately. Usually my debtors deposited third-party checks in their accounts only to find out that it bounced. And pretty soon their checking account is closed by bank.

Compared to my credit card collections, this one is lot easier 'cause people usually volunteer to pay the account off. I just give them the choice to either make arrangements to pay it or not be able to open checking account for next 5 years.
  #8  
Old 08-17-2003, 11:23 PM
DChristian112
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Quote:
In general, NSF checks are returned to the party it was written to. These days alot of companies send it right to the "Bad Check" dept. at the DA's office.

OP- If you cannot pay the bounced check in the number of days the CA or bank has set, contact the "bank" and ask them if you can delay the payment. Maybe set up a payment plan, or wait for you to get your next pay check, and do an automatic debit from your checking account, if it is still good and standing. They will most likely add on a return check fee, between $20-50 depending on how much the check was originally written for.

Some CAs take up to two years on contacting you on a bounced check. Heck, I got pulled over for a speeding ticket a year ago, and came to find out I had a warrant out for my arrest from a check that bounced when I was 18 and in high school and I was pulled over when I was 21. I was able to pay cash, get my receipt and it was taken care of, but I had no idea that I even had a bounced check on my record. So, it can take years...And sometimes, they do not even contact you at all, like in my case.

Good Luck to you!

Last edited by m martin; 08-19-2003 at 11:25 AM.
  #9  
Old 08-18-2003, 06:26 AM
missmom3
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Its the collections department at the credit union where I bank that is contacting me. The check bounced last week and since it is more than what my paycheck is I asked if I could arrange payments and he said no. Worst case scenario what could happen to me? Probation? Jail time?
  #10  
Old 08-18-2003, 08:23 AM
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Location: Nashville,TN
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Credit unions again.. I hear more nasty stories about CU's, I don't think I'll ever deal with one.

Its doubtful you'd end up in jail, to make it a criminal offense they have to prove you wrote the check KNOWING you didn't have the funds .. they have to prove INTENT.

You could end up with some hefty fines though if they take it to court. We're talking about triple the amount of the check plus.
I suggest you go to the credit union and talk to someone in authority, and NOT the collections guy. As long as you make it clear that you DO intend to pay it, they may at least work with you on payments. Collectors, no matter WHO they work for, will always refuse payments when they have you on the phone.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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