What is the name of your state? Ohio
I tried a quick search, but I didn't run across anything. I've sent two checks ($50 each) to a collection agency. The first was sent in January, the other in February. They have yet to cash the checks. When I contacted the agency, they told me that the account was "no longer with them" and they would "forward" the checks to the collection agency that now holds the account. They have yet to "forward" the checks. When contacted again, I was told, "Just stop payment if you are so worried about it." Why should I pay $70 to stop payment on two non-consecutive checks totaling $100 if they can be returned to me or applied to the debt?? Surprisingly, they didn't have an answer for that question. The third time I contacted the agency about returning the checks, they basically told me there was nothing I could do to get the checks back and if I didn't like that answer I could call an attorney.
Are collection agencies required to cash checks within a reasonable amount of time, or can they hold them indefinitely? Is this collection agency legally obligated to return or destroy the checks if they no longer hold the account and I request them to do so? Are they obligated to cash the checks and apply the payment to the debt? Any ideas on what I can do about getting the checks back, short of retaining an attorney? Can I sue in Small Claims Court for the cost of stopping payment? I'm totally frustrated with these arrogant asses.
Any advice will be greatly appreciated.
Thanks in Advance,
Nate
I tried a quick search, but I didn't run across anything. I've sent two checks ($50 each) to a collection agency. The first was sent in January, the other in February. They have yet to cash the checks. When I contacted the agency, they told me that the account was "no longer with them" and they would "forward" the checks to the collection agency that now holds the account. They have yet to "forward" the checks. When contacted again, I was told, "Just stop payment if you are so worried about it." Why should I pay $70 to stop payment on two non-consecutive checks totaling $100 if they can be returned to me or applied to the debt?? Surprisingly, they didn't have an answer for that question. The third time I contacted the agency about returning the checks, they basically told me there was nothing I could do to get the checks back and if I didn't like that answer I could call an attorney.
Are collection agencies required to cash checks within a reasonable amount of time, or can they hold them indefinitely? Is this collection agency legally obligated to return or destroy the checks if they no longer hold the account and I request them to do so? Are they obligated to cash the checks and apply the payment to the debt? Any ideas on what I can do about getting the checks back, short of retaining an attorney? Can I sue in Small Claims Court for the cost of stopping payment? I'm totally frustrated with these arrogant asses.
Any advice will be greatly appreciated.Thanks in Advance,
Nate