Do they have to give documentation of money owed?

[bekkerjay]

What is the name of your state? CO

We recieved a call from a collection agency about a bounced check thay my husband wrote in November of 2000. The check was for $45. The amount that it shows we owe on his credit report is $85. When they called us, they said that we owed them $385. We said that we were more than willing to pay the $85 plus a reasonable amount for fees. They refuse to take anything less than $385. I asked them for some sort of documentation of why we owe an additional $300 and they said that there weren't able to give us that. By law do they have to give proof of why they are charging us that? They said we either pay it in full or they will take us to court. We are willing to pay whatever we owe, we just want to documentation to prove it. What should we do? Pay it or go to court?

[panzertanker]

Originally Posted by bekkerjay

What should we do? Pay it or go to court?

You should make yourself informed of the statute of limitations for the debt collection (provided it is not a judgement).
Google it. You will help yourself make a decision.

[Ladynred]

SOL on dishonored checks, per the FDIC, is 3 years.
CO law on fees for bad checks - Civil penalties:

Treble the amount of such check and in no case less than $100, including reasonable fees.

So, 85*3=255 + 'reasonable fees'.. and who knows what 'reasonable' is to them.

You have the right to ask for PROOF of the debt, but you must ask for it IN WRITING, even though a verbal request is supposed to be sufficient per the FDCPA - which I suggest you read.

You can find good info on debt validation (asking they prove the debt) at [url]www.creditinfocenter.com[/url].