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Bad Check- VA Please read - long but funny

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jamied66

Member
What is the name of your state? Virginia

I DO HAVE A QUESTION. I ALSO NEED TO VENT. PLEASE READ.

My DW isn't very good at simple math. She's beautiful and talented, but 4+4 may well equal 11 on a bad day. Needless to say, in college and grad school she bounced a few checks.

I got her EQ today, and noticed a listing for "Security Check" with original balance of $16 and current balance of $46. last report 3/04. I think "low hurdle", and spend 20 minutes trying to get some info for these people as the address and phone on the CR don't work. I call them (I know I know, but $46??) to try and get something in writing so I can send these people a money order and they tell me they have placed it with Cabrerra and Assoc. (sp?) for collection. They give me a # and have "no clue" of their address.

I call them, and after having been put on hold for 6 or 7 different times I reach Mr. Patterson (who I have on tape, btw). He proceeds to call me a deadbeat, and tell me that there are in fact TWO checks, one for 16 and for for 21 and change (pizza and some gift shop where she went to college). I don't doubt this and inform the man, politely, that his firm has no entry on her CR, and that I just discovered that they exist today, and would he please send me a statement of the account and I will send him guarenteed funds out ASAP.

"That's not possible".

"Why in the world not?"

"We already did that when you bounced the check (remember, I didn't bounce the check, my wife did before she was my wife).

"So when did you take posession of this account, if you did that so quickly afterwards"

"I've already told you" (He didn't, I have the whole thing taped).

We wrangle about this for 15 minutes, him calling me a deadbeat and quoting me a price of $299.18 for both checks that totaled just under $40. And adamantly refusing to send me nary a piece of paper.

Come 7pm I have an errand to run and he informs me that since he can obviously see I have no intention of paying this account he'll refer me to their litigation department (rememebr, I tracked him down on a 2 year old debt to try and pay it and have never heard of his "firm before this evening).

My question is: How does a bad check differ from any other debt as far as validation, et al? It was with Wachovia, then Security Check (still on the CR) and now "Cabrerra and Assoc." I looked up the check laws in my state (VA), and he's about $100 too high for the statutes. And I'd like to give this guy a little grief for pi$$in' me off before the finale of the West Wing.

All help appreciated with the laws or dealing with these goons!!! :mad:
 


hbreen

Member
Check statute of limitations to see if they are time barred (if it is past SOL, they have to remove it from your CR and can not make you pay up). If they are within SOL, get validation from these jerks and see what they give you. Do this IN WRITING, certified mail, return receipt requested. Collection agencies are notorious for trying to collect old debt, and they often do get payment because consumers don't know any better! Knowledge is power in these situations.

Some of the great minds can give you more info on the FDCPA and if these jerks have violated it. I hesitate to give you info on it, as I am not as well versed in the details and I don't want to give you inaccurate info.
 

jamied66

Member
Thanks. I'm learning the FDCPA and FCRA as I try to repair my wife's (and my own) credit files. I was just concerned since it was a check was it's collection governed by another statute.

Thanks a lot!
 

Debt Guy

Senior Member
Florida has a civil penalty for bad checks

BAD CHECK LAWS (CIVIL PENALTY)
After 30 day demand-treble amount in addition to amount owed, bank & court costs & reasonable attorney fees.

However, as best I can tell the general statute of limitation is 4 years.

How long ago did she write these checks?
 

jamied66

Member
within a few months of Hurrican Isabel. Late 2003/early 2004.

They're still well within SOL. These people are just bottom-feeding JDB's and they've tossed in Lord know's what for "reasonable fees and interest".

I'm pretty sure they're not going to come and collect. I'll send them a DV letter and follow it through like any other debt if they start making noise.

Thanks for your help!
 

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