Returned CHeck

What is the name of your state? Mississippi

About a week ago, I received a notice in the mail that I was about to be sued if I didn't settle within 30 days for $132.00. The notice mentioned a check that had been returned. I knew I hadn't had any checks returned in a long time, so I called the number. I reached a law office somewhere in the midwest. I was told that the check in question was written in December 2000. It was a $4.00 check that I had written to a fast food restaurant in our town. The man said that the $132.00 came from the fees they incurred while trying to locate me. My address and phone number were on the check, and I have not moved since then. We have been at this address since 1999. I have not heard anything about this check until now. I will gladly pay the $4.00 and the $30.00 returned check fee, but I can't afford to pay $132.00. What can I do? I would like to have a lawyer call them and get proof that they spent that much trying to "find" me, but I can't afford a lawyer either. Also, I'm not employed. I have heard that I can't be sued if I'm unemployed. Is this correct?

Denise

[bigun]

Who is the collection agency? They're trying to rip you off. Is this National Check Control or, JBC and Associates.

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3
Written Contract: 3
UCC: 6
Domestic Judgment: 7
Foreign Judgment: 7 (3 if resident)
BAD CHECK LAWS (CIVIL PENALTY)
On checks up to and including $25.00, additional damages would be 100% of check amount. On checks from $25.01 to $200.00, additional damages would be 50% of check amount but not less than $25.00. On checks over $200.00 additional damages would be 25% of check amount.

The name of the firm is Bennett and DeLoney. The letterhead says: Law Offices of Bennett & DeLoney A Professional Corporation. I'm going to send a check for the amount of the check plus the returned check fee, and if they want more, I will have to get a lawyer.

Denise

I would quote the law to them as well in an accompanying letter, rather than just sending the check.