post dated checks

[sickofthisplace]

What is the name of your state? Michigan

A friend of mine asked me to look this up. They had set up an automatic debit payment plan on a debt through the creditors collection agency, but like ten months later they switched banks and forgot about the auto pay. The collection agency called and implied the check that was returned was fraudulent and implied they would call the cops. This was just an oversight caused by moving, but the tone the agency used with my friend really upset them. Fact is, my friend is about ready to file bankruptcy because of some health problems. What they want to know is if they are in legal trouble now, even though the agency does not have possession of any checks nor does it have a written agreement, and further, said in the beginning that if they didnt set up this auto pay debit thing that they would just take him to court. Any advice?

 

[bigun]

If she's going to file bk soon, tell her to send a cease and desist letter to the ca and get some peace and quite. No fraud or criminal activity here.

 

[ßillcollector]

Post dated checks (done over the phone) don't carry the same weight as the ones you write with ink. Although you will get charged NSF, but bouncing it is not considered the civil matter. We have some debtors bounce big (I am talking in thousands) checks. Hope it helps.