stale dated checks

[FABS32]

can a credit bureau collect payment on a check the bank can no longer honor due to it is over 1 year old before being taken to the bank? If not,how do you get the credit bureu off your back...help!!

 

[ALawyer]

That the bank will not honor it (maybe) does not mean that you do not owe the money. Sorry.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com

 

[FABS32]

THANKS,BUT DOESN'T IT MATTER THAT IT IS NO LONGER A NEGOTIABLE ITEM...THE MONEY WAS IN THE ACCOUNT AT THE TIME PRESENTED,BUT RETURNED FOR A 1999(MAY)DATE. NOW THEY WANT 30.00 EXTRA FOR CHARGES?? THE BANK RETURNED IT FOR NOT BEING NEGOTIABLE NOT LACK OF FUNDS

 

[Tracey]

What cheek! One cannot hold onto a check until it is stale dated, then charge the payor a return check fee to boot. Send them a letter pointing this out and enclose a new check for the debt. You don't want to rack up interest charges. Inform them that if they try to collect the $30 fee, you'll take them to court in a heartbeat, and they'll end up paying your court costs ($90 or so!).

If you have a lawyer friend, ask him/her what Ohio's laws on accord and satisfaction are.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited May 28, 2000).]

 

[FABS32]

THANKS TRACY...I WILL CALL ,I CAN'T UNDERSTAND HOW ANYBODY AFTER 1 YEAR WOULD EVEN THINK THE BANK WOULD HONOR IT! I CERTAINLY DIDN'T THINK I SHOULD PAY EXTRA FOR THIS EITHER... OF COURSE WE ALL KNOW THAT THE CREDIT BUREAU WILL TRY ANYTHING THEY THINK YOUR DUMB ENOUGH TO FALL FOR THANKS AGAIN

 

[Tracey]

Threaten them with a wrongful debt collection practices suit if they put word one about this check on your credit report or don't file an effusive 'we screwed up' letter on your report. Make sure to get reports from all the credit report companies. By asking for the $30, they have _knowingly_ attempted to collect a debt that is invalid on its face. You may be entitled to all kinds of lovely penalties.

PS: HIT THE 'CAPS LOCK' KEY - TYPING IN ALL CAPITALS IS THE NET EQUIVALENT OF SHOUTING. IT'S HARDER TO READ TOO. SEE?
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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited May 29, 2000).]