Verichek filed "Theft of Service" criminal complaint

[Zigner]

My bank was locked down and showed nothing so I relied on my online account access to the companies I had business with. You have done everything you can to take the side of a private business who violated fair debt collection laws on both federal and state levels.

I don't see any violations, since this is a criminal matter, not a debt collection matter.

 

[Ohiogal]

You know me better than that. Look at it from a different perspective. If the OP gets ahead of this and hires her own attorney, it may be headed off before it even gets to the point of asking for a public defender. A simple phone call from her attorney could nip this in the bud. Of course, I'm assuming that the OP intends to pay her bill and all of the associated costs to this point. Once this gets in to a court room and the OP requests a public defender, a lot of doors will have closed.

I was hoping but I also know LD's perspective... And you were telling her "fair enough" …

 

[WestTexasMommyof3]

You know me better than that. Look at it from a different perspective. If the OP gets ahead of this and hires her own attorney, it may be headed off before it even gets to the point of asking for a public defender. A simple phone call from her attorney could nip this in the bud. Of course, I'm assuming that the OP intends to pay her bill and all of the associated costs to this point. Once this gets in to a court room and the OP requests a public defender, a lot of doors will have closed.

I tried several times to resolve this over the last 2 weeks but the utility company says I don't owe anything and I have no interest in rewarding a company who illegally uses the courts to make money when our system is so ridiculously backlogged.

 

[Zigner]

I tried several times to resolve this over the last 2 weeks but the utility company says I don't owe anything and I have no interest in rewarding a company who illegally uses the courts to make money when our system is so ridiculously backlogged.

Cutting off your nose to spite your face, huh? Well, best of luck to you.

 

[WestTexasMommyof3]

I tried several times to resolve this over the last 2 weeks but the utility company says I don't owe anything and I have no interest in rewarding a company who illegally uses the courts to make money when our system is so ridiculously backlogged.

You'd be wrong. Since I originally posted I spoke to the Consumer Protection agency with the Attorney General and they confirmed that IT IS A VIOLATION of the Fair Debt Collection Act. These protections were put in place because of pay day loan companies selling debts and those buyers were doing this exact thing. Maybe do some research before passing judgment.

 

[Zigner]

You'd be wrong. Since I originally posted I spoke to the Consumer Protection agency with the Attorney General and they confirmed that IT IS A VIOLATION of the Fair Debt Collection Act. These protections were put in place because of pay day loan companies selling debts and those buyers were doing this exact thing. Maybe do some research before passing judgment.

Wonderful - tell it to your criminal defense attorney when the time comes.

 

[Dandy Don]

All that you or your attorney can do is to explain your side of the situation as to what has happened.

Please look at your bank statements for August 2017 and September 2017 and October 2017 so you can see exactly how or if you were charged an NSF fee for this returned check. And if your bank keeps microfilm copies of cancelled checks, obtain a copy of the front and back of the check to use as evidence.

 

[Zigner]

...if your bank keeps microfilm copies of cancelled checks, obtain a copy of the front and back of the check to use as evidence.

The check never cleared - that's the problem.

 

[LdiJ]

I don't see any violations, since this is a criminal matter, not a debt collection matter.

I am still not sure that it is. She did not knowingly write a check on an account with insufficient funds and refuse to make good on it. It sounds to me like during the chaos of a compromised bank account the check to the utility company got accidentally returned and nobody ever notified her. Now, out of the blue, Vericheck has reported it criminally.

 

[LdiJ]

You'd be wrong. Since I originally posted I spoke to the Consumer Protection agency with the Attorney General and they confirmed that IT IS A VIOLATION of the Fair Debt Collection Act. These protections were put in place because of pay day loan companies selling debts and those buyers were doing this exact thing. Maybe do some research before passing judgment.

I definitely agree that you should give that information to the attorney you hire to handle the criminal case. Your attorney might be able to get the case dismissed.

 

[justalayman]

You'd be wrong. Since I originally posted I spoke to the Consumer Protection agency with the Attorney General and they confirmed that IT IS A VIOLATION of the Fair Debt Collection Act. These protections were put in place because of pay day loan companies selling debts and those buyers were doing this exact thing. Maybe do some research before passing judgment.

It’s not unlawful to report a crime. It is unlawful to threaten to report a non crime as if it was a crime or to threaten an action the creditor has no intention of taking.

This also is not a payday loan company.

If Verichek bought the debt, your account with the utility would show as paid because Verichek purchased the debt ergo the debt to the utility was paid. You owe the money to verichek.

 

[justalayman]

I am still not sure that it is. She did not knowingly write a check on an account with insufficient funds and refuse to make good on it. It sounds to me like during the chaos of a compromised bank account the check to the utility company got accidentally returned and nobody ever notified her. Now, out of the blue, Vericheck has reported it criminally.

All op has to do is pay the debt. Unless they do it is theft if services since they are aware of the debt owed and have now knowingly and intentionally failed to pay the debt.

 

[LdiJ]

All op has to do is pay the debt. Unless they do it is theft if services since they are aware of the debt owed and have now knowingly and intentionally failed to pay the debt.

Its too late for that, criminal charges have been filed. Simply paying the debt is not going to make that go away. It might, but there is no guarantee. I also have some concern that there is a mistake in there somehow, since the utility company says that her account is in good standing with them, and it should not be under the circumstances.

Honestly, all of the facts in this scenario are contradictory.

 

[justalayman]

Its too late for that, criminal charges have been filed. Simply paying the debt is not going to make that go away. It might, but there is no guarantee. I also have some concern that there is a mistake in there somehow, since the utility company says that her account is in good standing with them, and it should not be under the circumstances.

Honestly, all of the facts in this scenario are contradictory.

Actually if the op wants to stick with the argument he wasn’t aware of the debt he needs to make good on it to support his statements that he would have paid it If he knew of the debt. He now knows about the debt so he needs to pay it. If he refuses, it supports the charge of theft of services.

 

[justalayman]

Its too late for that, criminal charges have been filed. Simply paying the debt is not going to make that go away. It might, but there is no guarantee. I also have some concern that there is a mistake in there somehow, since the utility company says that her account is in good standing with them, and it should not be under the circumstances.

Honestly, all of the facts in this scenario are contradictory.

Why wouldn’t his account be in good standing? They didn’t write off the debt; they sold the debt so they were paid ergo account is in good standing.