• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Collection Agency

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

ljordan3

Guest
Hey,

I am writing from Virginia, but the agency is in New Jersey.

I wrote a check to a company on 12/99 I was young and when the bank statement came I did not look at any of them, or I woukld have known the check had bounced. This company sends me a letter 2/01 and tells me that if I don't make payment in full toda the will press criminal cherges a gainst me. I asked for a payment plan, they said no. I explained that I would pay what I could but it wouldn't be all at one time. So I payed 100.00 that Friday, and the woman tried to record me saying I would pay every week but I said I would try. She threatened to take it from my taxes. So a week goes by and sure enough she calls again, on my cell phone when I never gave her permission to call nor did I give her that number, she tried to tell me I promised to pay every week I told her that the convo. was recorded and I know I never said that. She told me that she would give me until the end of the month. I said I would try I'm not in that type of situation where I can come up with that money just like that but I could make small payments. She got upset and put someone else on the phone who then told me that they would not give me until the end of teh month and if it wasn't paid by noon the next day they would press charges and i would have to seek a legal attorney.

What are they doing wrong? Don't I have some rights even though the check bounced?

Thank You
 


ALawyer

Senior Member
This sounds like a typical collection agency bullying tactic. They are paid on collections and thus are strong arming you. You have rights, but your best approach is to get them off your back.

First they don't bring criminal charges, only the DA may do that. And as criminal intent on your part may be a VERY hard matter to prove, I doubt that the DA would press charges unless it was clear fraud on you part or you were a "bad actor".

There are all sorts of laws that govern what colelction agencies may and may not do. I recall The Federal Fair Credit Reporting and Collections Act has them listed and also check the FTC website at http://www.ftc.gov

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top