NSF Charges

[momo4ks]

What is the name of your state? Georgia
First I must apologize for "high jacking" someone else’s questions. I tried for over an hour to post my own questions but the yellow button never did appear last evening. It's there now so here is my question;
I received a call yesterday 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 written 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!!!!

 

[Ladynred]

If they don't follow the laws, then they don't get to collect ! A 'law firm' from NJ, collecting an NSF check - would the collection agency be JBC & Associates by any chance ? Bunch of thieving scumbags is what they are and there's a class action suit starting up against them. Find out if the collection agency is required to be licensed and/or bonded to collect in GA. If there is a requirement, find out if the CA is following the law. If they're not, again, they don't get to collect.

They can NOT collect more than what is allowed by your state laws. If GA law says its only a $30 fine and the amount of the check, that's all you pay - period. Their bogus 'pay by Aug 30th' deadline is pure horsehockey - don't let them intimidate you -that's what they do. Since this is fairly recent, have you contacted the establishment you wrote the check to to see if you can pay them for it ?? Were you ever notified by them that your check had been dishonored ?? If it didn't clear, did you have any bounce fees back in March ???

If this IS JBC, know that they are notorious for their illegal threats to have people arrested, trying to collect fees they are not entitled to and whole raft of other things that are violations of state laws as well as the Fair Debt Collections Practices Act.

 

[momo4ks]

I just checked and the company that called is Accredited Collection Agency, not even an attorney! After what you said about JBC, I did some checking on the internet. ACA is also in the middle of a class action suite by Pen. and NJ residents. So, my question now is, where to I go from here??? The check was written to Toys R Us, I knew that the check had come back once. I assumed (my stupidity) that the check had cleared the second time. Because the account this check was written on is used only for Christmas and Birthdays I didn't catch the second return. I do have NSF charges on the account but the original funds (minus the charges) is still in the account. The returned check was my fault, I underestimated the amount in my account by 15.00. Do you believe they returned it for 15.00!!!!
Anyway, I know it legit and want to take care of it right away.
Any advice on what to do know would be greatly appreciated!!!
Thanks!

 

[Ladynred]

I would try contacting Toys R US and see if you can pay them directly, including the required fee. You have the funds, get a cashiers check or money order from your bank and find out if Toys R Us will accept it to clear the problem.