SoL on Dishonored Checks

[Young166]

What is the name of your state? GA

What is the SoL on collecting on a dishonored check from 1994?

A NJ law firm sent notice that I owe for this. I responded to their letter requesting a verification of debt. I did not send this letter certified and their claim is they did not receive it. That is my mistake! They have now sent a second letter stating I have ignored this debt and will have to pay the amount of the check, fees, etc according to Georgia Code. When I contacted this office they were extremely rude and began to yell over the phone. Out of curiousity, I checked with BBB of New Jersey and this firm has an unsatisfactory record. What is my next move?

 

[Ladynred]

Let me guess - JBC and Associates ??? They're the scum out of NJ for sure.


IGNORE THEM !! Do NOT send them ANY money, do NOT call them. They will only make illegal threats and make other stupid and illegal statements.

SOL on a check from 1994 has LONG past.

Send them NOTHING execept a Cease and Desist letter telling them to never contact you again as, IF its even legit, its is time-barred.

Then, file a complaint with YOUR state Atty. General's office, the NJ AG, AND the FTC. JBC is being watched by the Feds and several states have sued them.

 

[Young166]

Yes, it is JBC & Associates. Is there a particular format to a Cease and Desist letter? Thank you so much for your help!

 

[Ladynred]

Yes, try this one:

http://community-2.webtv.net/YCHANGE/STORAGE/page13.html

Modify to suit your needs and add the GA code where you need it . The GA statutes can be found on the same site.

 

[Young166]

I could not get that one to work. I did find several other sample letters on the web. I am going to send one to JBC on Monday via certified/return receipt. What do you think I can expect from them after they read the letter? Your help is appreciated!

 

[Ladynred]

Most of the time if you let them know, via that letter, that you know your rights and that they're full of crap, they'll go away.

You also need to make sure you file those complaints I mentioned. This is a bad, bad, bad, law-breaking scumbag company and the ONLY way they're going to be brought down is to file the complaints against them.

On that link I gave, did you take the and OFF ?

 

[JETX]

One more thing that might help you.... though GA does not require licensing of debt collectors or agencies, they do require that they have a surety bond of $50,000 filed with the Superior Court in the county of their main office. This is covered in GA Code at:
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/10/6/100
with punishment at:
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/10/6/102

Since 'JBC Associates' is registered in Cobb County (per the GA Sec. of States office), you might contact them and make sure that they are bonded. On the off-chance that they are not, try to get a letter or printout showing that they are not bonded and present it at court (do NOT show them that first). The lack of the bond should shut them down!!

The courts website: http://www.cobbgasupctclk.com/index.htm

 

[Young166]

Thank you JetX for the bond information!

Ladynred, I did leave the url's off and was still unable to get to it. Thank you so much for your help in this matter.

 

[JETX]

I just tried the URL provided by Ladynred and it worked without any problems. I would suggest you try again.... and make sure of the spelling.

 

[Young166]

JETX - I'm sure it is something I am doing wrong. I do want to say thank you again...both you and Ladynred have helped me tremendously with this.

 

[Young166]

I just found the Cease and Desist letter that Ladynred referred me to. Thanks again!!!!!

 

[Young166]

I have read the Georgia Code on SoL and I'm a little confused. It states: An action to enforce the oblication of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or ten years after the date of the draft, whichever period expires first. The check date is 11/1994. The way I understand it is the SoL expired in 11/1997. So the ten year SoL does not apply. Does that seem accurate? (Sorry for the lack of understanding on this Code.)

 

[JETX]

"So the ten year SoL does not apply. Does that seem accurate?"
*** Very close. The key date in the applicable GA Code (see below) is the date of the 'dishonor'. That is the last date that the bank refused to honor the check (since most checks are submitted twice).

The applicable GA Code is:
"11-3-118. Statute of limitations.
(c) Except as provided in subsection (d) of this Code section, an action to enforce the
obligation of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or ten years after the date of the draft, whichever period expires first."

I would simply tell JBC (in writing, certified RRR) that you are aware of the appropriate laws and that their claims or attempts to enforce this time-barred debt will result in your filing a civil claim against them. In the meantime, go ahead and file any and all complaints against them.

For more on this sleaze-bag company, go to:
http://www.edcombs.com/FSL5CS/Custom/TOCSpecial.asp

Also, there is a class action lawsuit being pursued against them in the U.S. District Court, Eastern District of California (Littledove, et al. v. JBC & Associates Inc., et al., No. S-00-0586 WBS GGH ). The plaintiff attorneys are at:
http://www.horwitzlaw.com/

You might consider contacting them to see if they have any actions pending against JBC that you could join.

 

[Young166]

Thank you! Thank you! Thank you!