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Posted: Fri Apr 25, 2008 5:08 am Subject: 2 Checks return to maker

I wrote two checks to a
person that did not clear
the credit union stated a collection process and did not keep their work that they will not seek other means to collect they filed a complaint with the police department
Do the checks collection process fall under the fdcpa?

Posted: Fri Apr 25, 2008 5:36 am Subject:

The CU is the original creditor and is not subject to the FDCPA. Bad checks can be pursed as a criminal matter.

Posted: Fri Apr 25, 2008 6:19 am Subject:

However, if the CU sends the bad checks to a CA for collection, then the CA has to follow FDCPA.

But, as soaplady says, writing a bad check is technically a criminal offense in most states. Since that is true, then they aren't breaking any laws when they threaten criminal prosecution.

Granted, most police departments are too busy catching murderers and rapists, so going after a bad check is not their #1 priority. Before they make any arrests, they will usually give you an opportunity to pay it before they come knocking on your door.

You will be best to call the CU and make arrangements to pay for those checks before it gets too far.

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