Returned Check

[jjjmom]

What is the name of your state? Iowa

I just had someone from a lawyers office call me at work about a returned check from 1996 and 2001. The check from 1996 they did not ask for payment for. But the check they had from 2001 they want $141.60. The check was for $31.60. They told me I had to pay it by Friday, today is Wednesday. I told them I didn't the money and could not paid in full. But I would send payments. Then she told me that I could not make payments and that I had to send the money via Western Union, which is another $12.95. Can they make me do this?

 

[kevinss]

What's the name of the lawyer's office?

This is likely a scam. DO NOT SEND MONEY until you know what's going on here... and don't talk to them on the phone. Only correspond with them via certified mail.

If you give us a name, we can probably direct you to a law office with a class action against them.

 

[jjjmom]

I have an address and name of the law firm at work. They are in New York. They also told me that they work for a collection firm. Not the place where the check was written to in Iowa.

I a little confused as to how this all works.

 

[Ladynred]

Is this 'firm' JBC Assoc. or National Check Control ??

Both are scam artists.. they can do NOTHING to you.

 

[jjjmom]

The name is Rephen Law Firm. They are in Mt. Moriah, NY. I talked with an Amy Olson. She told me if I did not pay this by Friday that they would send it to court and that it will cost over $1000.

I wondered if I called the place the check was written to and paid them if that would solve this problem.

 

[Ladynred]

First of all, only the court can charge you with the extra 'damages' IF a judge found you guilty in court. The civil penalties in IA are:

"Iowa. Treble amount of dishonored check but not to exceed amount of check plus $500. "

There are criminal charges too, but they have to prove INTENT to pass bad checks go that far... even though they will threaten with criminal charges.

Their 'deadline' of Friday is utterly bogus - ignore it. "Sending it to court" - is a threat made specifically to scare you into paying them. This Western Union thing is suspicious. National Check Control uses that method and they have recently been hit hard by the NJ AG in court AND the FTC. As for Rephen, they likely ARE the collection agency.

Are you sure the check is even yours ??

 

[jjjmom]

Well the plot thickens.

I called the place the check was written to. Each store is privately own. When I talked to the manager at this store, he was not aware of a check that was due. The owners of the chain was going to be in to talk to him so he said he would talk to the owner's of the chain. He could not believe that any of the stores in Iowa would deal with a firm in NY. Because all collections are done locally. He was going to call me with any information.

How can I make sure that this "firm" does not do this kind of thing to anyone else.

I'm not going to send any kind of payment.

 

[Ladynred]

Good, I hope you can expose them for the scam that they are probably running !

What can you do ? File a complaint with your state Attorney General's office, the NY AG's office, and the BBB.

If they're trying to force collection on a check that's not even yours or not valid, they're running a con game on people. It seems this is rampant lately with these check collection companies.

 

[kevinss]

Well, great. It looks like there's a new "law firm" name to add to the list of check collection scam companies.

Poster, are you in the mood to fight this or are you just trying to get it off your back?

 

[sean1397]

Tell them

F___K

Follow it with

Off


Let them sue you. IF they do, they will make asses of themselves. If they win, you'll owe the original check plus a few percent interest... There are laws regarding interest.

Sean

 

[jjjmom]

At first I just wanted them off my back. But the more I think about this the madder it makes me. I'm not perfect when it comes to things like this, but what worries me is that they will do this to someone who this could mean food on the table or not.

And the part that makes me mad when I look back on it is, that the woman I talked to try everything to get me to borrow the money from my family.

When she first called she called my home and strong armed my daughter into giving her my work number.

What can we do? I'm ready to do it!

 

[sean1397]

You could get her name and sue her personally

You won't win if she shows up, but why not drop a lawsuit on her for the max allowed in small claims court... Frivolous. Sure. But lawyers file them all the time! (See malpractice and accidents)

I bet it gets her attention at the least and makes her a little bit miserable!

Sean

 

[kevinss]

Well, it pisses me off, as well.

What you'll need to start with is a debt validation. You'll need to make sure that the check she's referring to actually exists and has your signature on it. If she will not validate, then you can safely send a cease and desist and be done with her (if and) until she files suit. Then you can prove to the judge (with a certified mail receipt) that you requested validation and received nothing. You'll want to check the docket for your county's court on a regular basis and make sure she's not trying to slip a default judgment through against you by serving at an incorrect address. Also check the docket for the county you lived in when this debt was supposedly incurred. Many counties allow you to check the docket online.

First, send a debt validation letter to the "attorney." To get the address, pretend to be scared and ask for the address to send a payment to. Then, send your certified (RRR) debt validation letter to that address.

You can find a sample validation letter at:

http://www.creditinfocenter.com/forms/sampleletter9.shtml

Obviously, you'll want to get rid of the identity fraud crud and simple deny any knowledge of the debt. You're a smart individual; you can tailor the letter to your particular situation.

Now, once you've sent the letter, check your credit report IMMEDIATELY and save a dated copy of the report. Pull from all three bureaus. You'll want to see if they have reported the debt on there. If they have, check a couple of days after you get your green card (from the certified letter) back. If the debt is not listed as "in dispute", then they owe you up to $1000. If it's not, pull your report again after you receive any further correspondence from them (or from time to time even if you get nothing back from them). You'll want to make sure this debt never appears on your report UNTIL THEY HAVE PROVEN THAT THE DEBT IS YOURS. If it shows up on your credit report and is not marked in dispute after your validation letter is received, it's a violation of the FDCPA.

You'll also want to send a modified cease and desist letter to the same address, but send it in a SEPARATE letter. Send it certified mail, RRR, just like the other. You can find a sample cease and desist here:

http://www.creditinfocenter.com/forms/sampleletter7.shtml

You'll want to modify the letter to say that you are not permitted to be contacted at work, as your employer does not allow such calls. If you receive any further phone calls at home OR work, you will immediately and without hesitation file suit against them for the maximum statutory and actual damages permissible by law. State that all future contact is permitted BY MAIL ONLY.

Also mention (kindly) that you would have no means to pay any debt that you may owe (should they complete the legally-required validation you requested in your letter dated xx/xx/xxxx, certified mail number xxxxxxxxxxxxxx) if you lose your job due to additional contact.

The "attorney" won't care, but a judge certainly would be able to sympathize with your situation as long as you're following the law to the letter, which you are. They would not be by contacting you further.

After that, if you receive phone calls from the office, RECORD THEM. You can get recorders you can hook up to your phone at Radio Shack. Also save any messages they may leave on your answering machine. NEVER CALL THEM BACK IF THEY DO. Just save the messages. Continued collection activity is prohobited until they prove you owe the debt. Since you've sent them the C&D letter, they are not allowed to call you anyway.

EDIT: You can record calls without the consent of the other party in IA. This makes it much more convenient to catch them making illegal and threatening statements on the phone. Don't let them keep calling if they do. Mention (on the call you're recording) that you send a certified letter (dated xxxx certified mail number xxxx) requiring them to cease communication with you by phone. It was received on xx/xx/xxxx and signed for by xxxxxxxx. Then if they DO call again, the judge is going to do more than slap them on the wrist.

Read the FDCPA and (as Ladynred says) get real friendly with it.

You can find it here:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

I hope this is helpful. Feel more than free to reply if you need ANY more help with this. These scams need to STOP. NOW.

You may also want to kindly mention in your VALIDATION LETTER that you've contacted the establishment that the law office says you supposedly owe the debt to, and they have no record of your bouncing a check at any of their locations.

One additional jab can't hurt

 

[jjjmom]

Before I could get my letters off, I received a call asking why I hadn't call them with my Western Union number. I explain that I had written to them and they should be getting letters soon. When she got rude and threatening I told her that the place that I "wrote" the check to didn't have any record of this check. She started in on me that it was a part of a large company. I told her I talked to the owners of the franchise and they didn't have a record that I owed money to them. She then told me of course they had no record of it. The check was written in 2001 and the debt had been bought by the company they represented. I told her that I didn't want her calling me, that I wanted all communication done in writing. She told I had to request that in a letter. I told her the letter was on the way. Then she yelled "Fine" and hung up.

I'm confused. Do companies buy debts that are in bounced checks?

 

[kevinss]

I'll let someone who is positive about this answer. I would assume that a bounced check is a debt like any other and could be bought. However, they need to provide you with PROOF that you owe anything before you pay on it. The only proof that would suffice is a copy of the bounced check with your signature.

Does anyone else have any further insight as to the difference between bad check debt and other types of debt?