Can they do this? NSF check question

[sheriera]

What is the name of your state? MI

I received a phone call from a law firm in NY(Rephen Law Firm), claiming that I owed for a NSF check from 2003. I checked with the original creditor, and it's valid. This firm wants me to send them money by Moneygram for three times the amount of the original check, and of course it has to be right now. The store the check was written at won't let me pay there, and Check Alert won't let me pay through them. I want to pay this debt, but I'm not willing pay Moneygram fees plus $200 for a $62 check. Don't they have to accept payment in the form of a money order or certified check? If they refuse payment in this form, doesn't that clear the debt because I am attempting to pay? And can they prosecute me for fraud when the NSF check was unintentional and I'm making every effort to pay now that I'm aware of it? I don't have $200 right now, and I want to avoid court as I'm expecting a baby in ten weeks and don't need the stress of this situation right now. They can't put a new mother in jail, can they?

 

[Dandy Don]

Who was the original creditor?

Was this returned check handled at the time through a bank account that you had--do you currently have the same bank account or not?

It's very odd that CheckAlert won't accept your payment since I thought they were in the business of returned checks or maybe they are just a reporting agency.

It looks like this law firm was given this debt as a collection item, so you were smart to be wary about the overcharges--if you speak with them directly you can negotiate this down by offering to pay whatever amount you can afford to pay or want to pay and they will likely accept that amount (I certainly would not pay more than twice the $63.00 amount).

You are not likely to go to jail over this (you or a friend would need to anonymously check with a local criminal law attorney or police department in your area to find out what the minimum amount of an insufficient check must be before they would consider filing charges), so stop worrying and have a nice, healthy baby!!!

 

[sheriera]

The original creditor is Jorgensens/Sav-A-Lot food stores. I've tried talking to the law firm, as they called me and I've never received anything from them by mail. They refuse to budge on anything, it's Moneygram them $197.98 now or go to court and pay fines and fees in addition to that amount (according to them). The bank account the check was drawn on was a joint account of mine and my husbands (I signed the check), and he has since closed the account (before we learned of this outstanding check). Check Alert says that since the check has left their offices, I have to deal with their attorneys (Rephen) to pay it. There is no minimum amount required to press charges, the minimum fine is $300 up to $500, plus court fees and restitution. If they go through with this and I receive a judgement against me, can I go to jail for not paying? Since this law firm is in NY and I'm in Michigan, can they even sue me? Thanks for your help!

 

[gryndor]

I've tried talking to the law firm, as they called me and I've never received anything from them by mail. They refuse to budge on anything, it's Moneygram them $197.98 now or go to court and pay fines and fees in addition to that amount (according to them).

I wouldn't act until you have everything in writing. Tell them you won't budge until they can prove that you owe that amount. (Eventhough you say you do owe the $62). Start there, see if they're bluffing...

Gryn

 

[sheriera]

MI

I sent them a letter by certified mail with return receipt, and they recieved it a week ago. I haven't heard anything from them. Don't they have 30 days to contact me, and what (if anything) do I do if they don't?

 

[Shay-Pari'e]

I wouldn't act until you have everything in writing. Tell them you won't budge until they can prove that you owe that amount. (Eventhough you say you do owe the $62). Start there, see if they're bluffing...

Gryn

Thank you for sharing my tax dollors.

 

[momo4ks]

NSF Charges

I am having the same problem. (I am new and can't figure out how to post my own questions, since we have similar problems I am hoping I can get some advice too). I received a call today regarding a check that was returned in March of 2004 (I never received any notice). The "lawyers office" is demanding 385.00 for a 200.00 check and want it by August 30. This check was writen in Ga and I believe this company is calling from NJ.
We live penny by penny and I can't come up with that much money in one week. I have the original check amount in the bank since the check apparently never cleared but the extra 185 is out of my reach. I don't know what to do, they say that if it isn't paid by the 30th that they are going to file against me. My question is, what if I just send the original amount and my state requirement of the 30.00 service charge??? Also, my state law requires that you send a certified letter when collecting on returned checks.
I would greatly appreciate any advice!!!!

 

[racer72]

momo4ks, please don't hijack someone else's thread. Just click on the BIG yellow link that says "Post a new message".

 

[Ladynred]

momo4ks - go back to the main forum screen and hit the big yellow button on the top left that says "post a new message".

Sheriera - Unless the MI statutes specify that they can recover 3X the amount of the original check, then they can NOT make you pay that. They can threaten criminal charges, but they would first have to PROVE INTENT in order to get a conviction and it doesn't sound like you're up to check kiting. They also cannot tack on 'court costs' - only a judge can do that.

The lawfirm in NY cannot sue you from NY at all. They would have to hire a lawyer in MI first and for that small amount of money, it would be unlikely they would go that far.

MI doesn't seem to have any civil penalties for bad checks, but I would definitely call your state AG's office and find out if the amount this collection agency is demanding is legal.

 

[sheriera]

MI

Thanks for the help, I'll check it out and keep you posted!