Bennett and DeLoney

[BellaK]

What is the name of your state?MN

I recieved a call on Friday morning from the Law offices of Bennett & Deloney in Utah. They informed me that they were attempting to collect on a check that had been written on a closed account(at the time the check was written the account was not closed).

I remembered the check that they were talking about and they told me that the total due was $56.63 and I either needed to settle it now or they would take me to court. I did write the check and knew that I needed to pay it. I am also currently in a BK13 and was intimidated by the thought of my trustee catching wind of a judgement against me while in the BK plan.

So I agreed to pay it they wanted Western Union or debit/creditcard. I had no other way to pay at the time other than my Visa checkcard. When talking to the CA she was verifying my address and rattled off an address in Ohio I asked her how she got that address as I have never been to Ohio and she said they put a skip trace out on me and thats what they came up with~ an ohio address but a MN phone number(interesting)

So I paid the debt that day, what they charged me seems correct : check ~$16.63 + $30 returned check fee+ $10 service charge. After I got done I did a search on them and found all sorts of bad stuff on them. I also realized that they are not even liscensed or bonded here in MN which I think they are required to be. To get to the point of this long and dull story......My question is should I have not paid them since they are not liscensed in my state?

And I was told that in order to get the original check back I would need to request it in writing, I plan to do that and send it Certified mail. But I dont think they even have the check because if they did they wouldn't think that I lived in OH as my current address was on the check. And if they don't send me back the check would my bank statement be enough proof that I paid it? They have already debited this from my account. Thanks.

 

[Ladynred]

NO, you should NOT have paid them !

First of all you're in bankruptcy, the AUTOMATIC STAY applies to EVERYONE! That means they can NOT do squat to collect and most certainly could NOT sue you ! The automatic stay is quite powerful and would have sent them packing in a hurry ! The Trustee wouldn't be happy if you were sued because whoever sues would be violating the BK laws.

They would not sue you, it wouldn't be worth it, but that's B&D's M.O. They won't be able to produce the original check either, they don't have it - they almost never do. Don't waste your money on a CRRR to ask for it.

How long ago did this alleged check bounce ?? The fact that they had an address you've never lived at should have been a HUGE red flag !!

 

[JETX]

I agree with Ladynred.
However, all of this is moot. You already paid and, unless you dispute the credit charge and incur the ordeal of all that, your time to have challenged this claim was BEFORE payment.
Forget about it. The damage is already done. Just hope now that they don't try to come back for more....

 

[BellaK]

Ok so I was dumb and paid it. So how could they come back and try to get more money out of me? My bank statements showing that they were paid won't be sufficient proof? Also, could anyone give me some advice as to what i should do if they do try to get more money out of me? Ladynred~this was a check wriiten about 8months ago.

 

[JETX]

So how could they come back and try to get more money out of me?

*** There are lots of ways..... for example: "Sorry, we overlooked the legal fees, penalties and interest that accrued".

My bank statements showing that they were paid won't be sufficient proof?

*** Nope. That would just be 'proof' that you paid that amount.

Also, could anyone give me some advice as to what i should do if they do try to get more money out of me?

*** Cross that bridge, if and when, you get to it. It is likely that you may never hear from them again..... and a slim chance that they might come back for more.

 

[BellaK]

JETX~ How could they charge me legal fees if they never took me to court?

 

[bigun]

JETX~ How could they charge me legal fees if they never took me to court?


Because, you're now on a suckers list. They think all they have to do is call and scare the crap out of you and, you'll pay.

Were I you, I'd file a complaint about theliscensing issue with your state AG. You can file it online.

 

[BellaK]

JETX~ How could they charge me legal fees if they never took me to court?


Because, you're now on a suckers list. They think all they have to do is call and scare the crap out of you and, you'll pay.

Were I you, I'd file a complaint about theliscensing issue with your state AG. You can file it online.

Thank you, filing complaint right now. If they do call me again I will simply hang up on them, which is what I should have done in the first place. Thanks everyone for your advice.

 

[Ladynred]

IF they have the cojones to call you again, and you're still in your CH 13, you make sure you tell them that you're in BK and that if they continue to bother you, you will file a Motion for Contempt against them with the BK court and then they'll be sorry. The BK court carries a biiiiiiiggg stick and they DO use it !