NSF check debt 25 times original check

[abused debtor]

What is the name of your state? Colorado

I am so frustrated with an old debt that is showing as collections on my credit report. The original debt was a $22.00 returned check for a Dairy Queen cake. I noticed a collection account on my credit report showing I owe $62.00 to a collection company. I tried to resolve the debt so I could get a checking account. The collection agency said it was sold to an attorney's office. The office said with attorney's fees the amount due is $492.00. I have never been contacted in regards to the debt via phone or mail. Is this a legitimate amount? Would I have a chance at a lower judgement if I tell them to go ahead and summons me? How would that affect my credit and my ability to get new credit and would it show as a public record? Could I possibly face paying more fees that the $470.00 I face now? Or lmight the court be more lenient? Please help!

 

[bigun]

Here are the Col. bad check charges.
http://www.locate123.com/StateLaws.asp

Is this JBC and Associates or, National Check Control.
? When was the check supposedly written?

 

[bearfootball]

just tell them you'll make a ONE TIME OFFER of $62. Get it in writing. they'll accept it.

 

[JETX]

Bet they don't. The creditor has clearly incurred additional costs (legal fees, etc.) over and above the original debt amount. As such, they have the right to recover them. They may decide to 'eat' some of that cost in settling, but I doubt that they would decide to waive several hundred dollars on this one.

 

[Ladynred]

If its JBC I wouldn't pay them a single penny, they're nothing but scam artists!

 

[bearfootball]

JETX,
You could be right, however we all know most "attorneys fees" as it relates to collections are bogus fees. some are legit, but other are designed solely to increase the dollar amount and to scare the person into paying more than need be.

 

[abused debtor]

is going to court risky?

So if the company doesn't agree to waive any of the fees should I tell them to go ahead and summons me? They said that is my only other course of action. How do those type of court preceedings usually turn out? What type of case is that? Will it be on my public records? Would it be likely for the judge to order me to pay more that the $492.00 they're asking for? If this company had made any effort to contact me in the past two years I would feel a little more obligated to pay all the additional fees. I just feel like they bought this $22.00 collection account and have just been sitting on it for two years letting it rack up fees and never contacting me to try and collect on it. Shouldn't the burden of proof be on them to show that they have tried to contact me via certified letter or something? I have always kept a current address through the U.S.P.S. and all my other creditors seem to be able to contact me. Is going to court a battle I could win? Thanks for all the advice so far!

 

[JETX]

To answer your questions factually would require a complete review of the case and issues; however, GENERALLY:

"So if the company doesn't agree to waive any of the fees should I tell them to go ahead and summons me?"
*** Of course you could do that. And if they do file a lawsuit against you, the legal fess will increase to cover the cost of the suit plus the additional time expended.

"How do those type of court preceedings usually turn out?"
*** Based solely on the contents of your post, it would likely NOT be resolved in your favor. I presume that they would simply show the court your NSF check and an accounting of the fees incurred.

"What type of case is that?"
*** A simple breach of contract case. Your check was the 'contract'.

"Will it be on my public records?"
*** Yes. Unless sealed by the court (unusual circumstances), the records of the court are public records.

"Would it be likely for the judge to order me to pay more that the $492.00 they're asking for?"
*** See above.

"If this company had made any effort to contact me in the past two years I would feel a little more obligated to pay all the additional fees."
*** I understand your 'feelings', but a valid debtor is not required to contact you after you have breached the contract.
This is from the Colorado AG's office:
" A business does not have to run a bounced check through your bank account twice and does not have to contact you directly for payment."
Source: http://www.ago.state.co.us/cab/colltp/badchk.htm

"Shouldn't the burden of proof be on them to show that they have tried to contact me via certified letter or something?"
*** See above.

"Is going to court a battle I could win?"
*** Probably not.

HOWEVER, there may be some hope. Read the AG's information (link above) and you will see that they must contact you before they can start tacking on fees. I would contact them in WRITING and request proof that they have contacted you in the past (you may have forgotten or overlooked the contact). If they admit that they have NOT contacted you or cannot provide proof, the AG's office implies that their actions may be limited.

 

[bearfootball]

They bought this for probably $5. Make them a reasonable offer and they'll jump all over it. If they "refuse", just say "This is what I am willing to give you...take it or leave it" They'll take it.

 

[JETX]

They bought this for probably $5. Make them a reasonable offer and they'll jump all over it. If they "refuse", just say "This is what I am willing to give you...take it or leave it" They'll take it.

*** And this 'great advice' comes from a guy who didn't take his own advice..... and got a judgment against him and his account seized!!

(From his FIRST post on this forum:
"Got a call from my bank Friday and they said our County Court has frozen my bank account, because of a judgement against me through Providian. I only have a few thousand in the account. It was my understanding a collection agency could not do that in Texas. Any help would be greatly appreciated.")

 

[HomeGuru]

Very scary.

 

[bearfootball]

JETX,
You're a trip. You do know more about collections than I do, true. But I don't understand why you just don't ignore my posts, if you think they're so stupid. You see dumbass, my defaults were a ton bigger than this one, so I couldn't just offer a couple hundred bucks to settle. Plus any smuck who knows the game, understands if you settle with one, then an alarm goes off, and every other CA will come after you. I you knew my situation as it relates to my collection issues, you would applaud me for how I am kicking the crap out of the scumbags.

 

[JETX]

The reason I 'responded' to your post was that it is so inane. Hell, the writer can offer them anything at all. And it is NOT relevant.... because they can, and will, simply refuse it.

 

[bearfootball]

JETX,
Call my responses what you will...I really don't care. Not answering my other statements, leads me to believe you know I am right.

 

[hexeliebe]

Not answering my other statements, leads me to believe you know I am right.

Therefore, with your logic, since I didn't answer you (because I was rolling on the floor laughing at the continued stupidity) I think you're right too?

Not close. And the reason NO ONE will ignore your post if we think you are wrong, Jet included, is because blatantly WRONG information or USELESS information such as you are prone to give, accomplishes nothing but to confuse the poster and makes you look like an idiot.

The first we care about, the second we don't.