Being sued for NSF check from 5 years ago

[Ulikebeef]

What is the name of your state? Colorado

Hello new user here, any help would be greatly appreciated, sorry for the long post.

I am being sued by a collections agency for two $20 checks written 5 years ago.

Their claim is that I have refused to pay, however I have not. I have asked for
validation of this debt, mostly due to the fact that I had never heard of this collections
agency and when I contacted the original payee they had not either. This started last year.

I an attempt to verify my relationship with the payee (an HMO) at the time the checks were made, I found out through a very difficult to contact person in their billing department that they do in fact use this collections agency.

This however was after I had recieved the plaintiffs civil action complaint. They are suing for the amount of each check, plus $20 collection fee, plus $20 check fee, plus attorney's fees and court costs. The funny thing is that thier complaint contains all the information required per CRS-13-21-109(4), there is however an error for the date that one of the checks was written.

My argument is that I was not notified of this in accordance with CRS 13-21-109(4), I have not refused to pay, but have requested more information, and therefore this debt should not be eligible for civil action.

I have looked at the opinion from Group v. Spainier(1997) which states that proper notification is necessary when seeking treble damages; as well as stating that the FDCPA requires notification of my right to dispute the debt.

So here's the questions:

Does the opinions from Group v Spainier extend to other civil actions used in attempt to collect on a bad check?

Should I file an answer stating that I have not refused to pay and should therefore not be liable for attorneys fees and court costs, citing failure to recieve proper notification?

Or

Can I file a dismissal out of good faith now that I have on my own determined a relationship between the original payee and this collections firm? If so would I still be liable for attorneys fees and court costs.

I have contacted both the collection agency and their attorney in an attempt to settle but was given an amount that included attorneys fees and court costs.

Please help,
ThanksWhat is the name of your state?

[debtcollector`]

Originally Posted by Ulikebeef

Their claim is that I have refused to pay, however I have not.

So you paid. All you have to do is provide the court with proof of your payment.

Originally Posted by Ulikebeef

I have asked for
validation of this debt, mostly due to the fact that I had never heard of this collections
agency and when I contacted the original payee they had not either.

Validation is name and address of the original creditor only and it sounds like you have that. Great, problem solved.

Originally Posted by Ulikebeef

This however was after I had recieved the plaintiffs civil action complaint. They are suing for the amount of each check, plus $20 collection fee, plus $20 check fee, plus attorney's fees and court costs. The funny thing is that thier complaint contains all the information required per CRS-13-21-109(4), there is however an error for the date that one of the checks was written.

Minor error that I am sure will be corrected immediately on your pointing it out.

Originally Posted by Ulikebeef

My argument is that I was not notified of this in accordance with CRS 13-21-109(4), I have not refused to pay, but have requested more information, and therefore this debt should not be eligible for civil action.

Not familiar with that law and not interested in looking it up. You were notified by your bank when you bounced the checks. It is your responsibility to take care of it.

Originally Posted by Ulikebeef

I have looked at the opinion from Group v. Spainier(1997) which states that proper notification is necessary when seeking treble damages; as well as stating that the FDCPA requires notification of my right to dispute the debt.

Great. They aren't seeking treble damages according to your post, so that doesn't apply. The FDCPA requires that notification be included in first contact; however, that excludes court filings. Also, you have to response in writing within 30 days of initial contact to retain the right to stop collections while waiting on validation.

Also, if there was a violation, the validation question wouldn't be a barred to their suit, merely a violation that you would have to act on in as a separate matter.

Originally Posted by Ulikebeef

Should I file an answer stating that I have not refused to pay and should therefore not be liable for attorneys fees and court costs, citing failure to recieve proper notification?

You might as well file an answer of responsible. If you haven't paid, you have refused to pay.

Originally Posted by Ulikebeef

Can I file a dismissal out of good faith now that I have on my own determined a relationship between the original payee and this collections firm? If so would I still be liable for attorneys fees and court costs.

No. You are going to have to pay the piper.

I have contacted both the collection agency and their attorney in an attempt to settle but was given an amount that included attorneys fees and court costs.[/quote]
That is because it took filing suit to get you to the table. You are going to have to pay those costs.

The checks were only $20. Pay the bill and next time don't take so long to make it right.

DC