bad check

[kahuna123_2000]

What is the name of your state? Hawaii, I have a question...My wife bounced a check for $160.00...I was pissed and was gonna pay it, then she gets another letter saying that this agency is collecting the debt under the HRS laws and added a another $150 to it. They have the blessings from the prosecuting attorny. My question is this leagal, how can I clear this without paying this out rageous extra. Please serious replies only. I already know my wife is an idiot..

Thanks

 

[Rick H]

Holy Crap

I have been collecting bad checks for 17 years and I have never herd of the HRS law. I am in Fla I would sugest you contact your local attorney generals office and just ask them if there is any such law. Then I would find out what the statue is in your state allows for a service charge beond the original amount, then pay that and send them a certified check and send it certified mail. End of story and if they try to collect further contact the attorney generals office and file a compliant for fraud and harrasment. Good Luck

P.S. You also might go back to where you wrote the check and deal with them if you can.

 

[JETX]

Adding $150 to a $160 check is not unreasonable. They can claim up to $480 (treble the amount of the check).

Hawaii:
"Any person who issues a check that is dishonored for lack of funds or credit to pay the same, or because the maker has no account with the drawee, may be liable for the amount of the check and damages in an amount equal to $100 or treble the amount of the check up to a maximum of $500. However, in order to be entitled to the damages, the payee of the bad check must first make written demand for payment of the amount of the check not less than ten (10) days before commencing a civil action to recover the same is commenced, and the payor failed to tender the full amount demanded within the ten (10) day period.

The written demand to the bad check issuer must include a notice that if the money is not paid within ten (10) days, triple damages may be incurred by him. The notice must be sent by certified mail, restricted delivery, at the bad check issuer's last known address with a return receipt and marked "deliver to addressee only".

The actual statute can be found at:
http://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0490/HRS_0490-0003-0506.htm

 

[racer72]

I have been collecting bad checks for 17 years and I have never herd of the HRS law. I am in Fla I would sugest you contact your local attorney generals office and just ask them if there is any such law. Then I would find out what the statue is in your state allows for a service charge beond the original amount, then pay that and send them a certified check and send it certified mail. End of story and if they try to collect further contact the attorney generals office and file a compliant for fraud and harrasment. Good Luck

P.S. You also might go back to where you wrote the check and deal with them if you can.

Rick, there is a reason you haven't heard of the HRS mentioned in the OP. HRS means Hawaii Revised Statute. Of course, being in Florida, you wouldn't have known this.

 

[Rick H]

thanks

Hey thank's for the info

 

[JETX]

Hey you're welcome.