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Unsolicited Check

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J

jolsonm

Guest
I own my own business and in May of 1999 I recieved an unsolicited check in the mail. I signed the check and deposited it into my account. Three years have gone by and our company has yet to be profitable. So I have not made all the payments on the unsolicited check. In July 2001, I recieved notice that a judgment was obtained and filed against me. Meanwhile congress has been working on an "Unsolicited Loan Consumer Protection Act" to amend the Truth in Lending Act.

http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.01058:

My question is this should I fight this judgment based on the proponderance of evidence of abuses by financial institutions?
 


racer72

Senior Member
The laws in effect at the time you cashed the check are the laws you will be judged under. At the time, what the financial institution did was legal and you became obligated to repay the "loan" when you cashed the check. Currently there is not much support for the bill in Congress making passage unlikely. Even if the bill was to pass and become law, it does not become retroactive. You can use it as a defense but success will not be likely.
 

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