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 Posted: Thu May 10, 2007 11:06 pm |
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hi everyone! i need a help, if someone out there can answer this question. I make a settlement with a ca last feb. and 4 of my automatic payment went thru, but last two did not 'coz my bank account closed 'coz i have a lot of nsf 'coz i don't have enough money to pay them. it's not like i wrote a check they just asked me to set it as automatic. my question is, is it a fraud that i don't have money on my account? i did not sign on any kind of agreement it's all done thru phone. i'm just really scared right... i'm on the process of filing bankruptcy 'coz i just don't have enough money to pay these credit card company. i'm on the process of doing all the paper works. please help me out here.
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pishark2730
Joined: 27 Apr 2007
Posts: 6
Debtcc Points: 212
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| Posted: Thu May 10, 2007 11:49 pm |
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i need a help from lawstudent or anybody,please!!! i need an answer to my question...thanks in advance....
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pishark2730
Joined: 27 Apr 2007
Posts: 6
Debtcc Points: 212
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| Posted: Fri May 11, 2007 4:57 am |
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I think that the "bad-check" laws we have out there really only apply to paper checks; I don't think they've ever been re-written to include electronic ACH payments.
Even so, to charge you with fraud the creditor would have to prove that you never really intended to make the payment, and that you knew the account would be closed when you made the arragement. Given the fact that 4 payments cleared, and only the last one didn't, they can't prove any sort of fraud.
Don't worry about it. They will try to threaten you with filing charges, that's just their game to scare you. Just keep telling them you are in process of filing a BK and they should be getting a notice from the court very soon.
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DebtCruncher
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| Posted: Fri May 11, 2007 5:06 am |
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How much was this debt for, and when was the last payment made prior to the arrangements with the collection agency?
Filing bankruptcy has to be a LAST resort. There are other options out there, such as debt consolidation. Have you taken advantage of the free consultation offered by this site?
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Teleport
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