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"Attorney" in different state threatening legal action

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jmarie80

Junior Member
What is the name of your state? Florida

I received notice in the mail about a returned check that I apparently wrote back in 2003. I had never been notified about the check until this letter from a collection agency claiming to be an attorney's office. As soon as I received the letter I contacted them to find out about this, during the conversation, they advised me threateningly that I had to pay almost 300.00 to settle this outside of court. I reside in Florida, this agency is located in Utah? I advised them that I needed check information for my records and requested that they send me a copy. Naturally they refused. I advised them I would not do anything until I verify that this was a check I actually wrote. I sent a letter certified to the office requesting a copy of the check and also requesting verification (that they claimed they have) of several notices advising me of this check. I have since then received a copy of the check. However I had verified with my bank that this indeed was a check that I wrote and it was presented to my bank only once for 7.50!!!! The woman at my bank looked at the information from the letter and advised me that they have no right to request this much money above the amount the check was for. She even contacted the "lawyer's office" for me and they advised that there were no additional fees included in the amount, but that it was only a "settlement out of court" fee. She has advised if I had to take them to court, she would testify that this was information they told her directly. I am now receiving threatening calls about the amount. Can they charge me this amount above the check? I know florida law states 25.00 or 5% whichever is higher, I am more than happy to pay that fee and have already advised them this. They are refusing that though. Please help!
 


Ladynred

Senior Member
They are arm-twisting and they're full of crap. They cannot collect any more than what FL says they can and they can NOT collect 'court costs', only a judge can award court costs.

Who is the collection agency ??

Was the check paid to whoever it was written to ? Have you contacted that person/company to pay them ?
 

jmarie80

Junior Member
The agency is Bennett & Deloney--the address listed on the envelope and where I sent my letters to was in Salt Lake City, UT.

As far as the check goes, I made an attempt to pay the store directly. The cashier was unable to take the payment in person and the manager "wasn't available" I also sent a money order from my bank certified along with a letter detailing what the money was for to the store directly. I have the confirmation slip that it was signed for and accepted. But the store turned around and sent it back to me with a letter stating that they could not accept the funds on behalf of the company and gave me the phone number to contact headquarters. I called them several times but no one seems to know who to send the money order to. I have also requested information about the "initial" check collection agency they supposedly went to prior to the current one...again no information available. I was considering sending the money order to the collection agency for the amount + 25.00 w/ letter stating that this is all I am willing to pay....but I don't know if that is a smart idea.

Thanks for your help!!!! :)
 

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