Check fees

[LMarie]

What is the name of your state?What is the name of your state?What is the name of your state? CO

Company wrongfully debited my checking account on August 1st and then again on August 3rd they admitted they should not have and returned the money to my account and stated that they would cover any fees associated with the account being overdrawn. In the 4 days that they had my money several transactions posted to my account. My bank was also investigating the debit and when found out it was wrongful they refunded all of the overdraft and NSF fees. However, the bank had already returned 3 checks. I recieved notices from those collection agency to pay the checks which I then faxed to the company that caused the check to be returned they told me the would take care of it right away and send me a check for the fees and a letted to these companies expalining that it was their fault (they did send a letter to one company saying it was their fault. I called the collection agencies and explained what was going on and 2 of them just redeposited the check and they cleared no problem the third company would not redeposit they wanted payment if full for the check and fees. I told then I would call them and pay by phone as soon as I got the money from the company that was responsible. I waited 2 weeks and then was served a summons on that third check with substantial increase in fees for lawyer costs and court fees. I called the company that was supposed to be paying these fee and told them what was going on. They in turn had a confrence call with the collection agency and my husband. The collection agency would not drop the new fees at their request so they told my husband and the collection agency they would send me a check for the whole amount and then I would have to pay them. That's fine the next day they called me and told me they were not responsible for anything but the original check fees any they were not paying anything else. I have since recieved a check for the original fees but nothing else. The stub ( not the check) that they sent says "For any and all amounts owing to XXX XXXX" I was wondering if I could take them to court for the rest of the fees? and if so should I cash this check or not?

Thanks
LMarie

 

[djohnson]

How did attorney fees collect if all of this happened so quickly? Have you paid it in full or just the check? What kind of dollar amount are you looking at?

 

[rabbar]

Rather than taking the company that created this mess to court by yourself, get them added to the suit that was filed against you as a third party defendant.

 

[LMarie]

The check was returned on 8/5/04. Recieved 30 day letter form Collection agency on 8/19/04. Called the collection agency a few days later and explained the situation. Called and faxed the 30 day letter to the company responsible on about 8/25/04. They said the would send me a check for the $40.00 in fees. Conference call between my husband, the collection agency and the company responsible on 9/16/04 in which the company took responsibility and said the would send me a check for all the fees (which at that time had amounted to over $400.00 on a $14.57 check) so I could pay the collection agency. Was served with a summons on 9/17/04 from the collection agency. Company called my husband on 9/17/04 to inform him they were now only going to pay the original $40.00 in fees. They sent a check to us and I paid the collection agency they check amount ($14.57) and the $40.00. The collection agency still wants the rest of the fees about $375.00 for attorney fees and $100.00 for the check.