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Posted: Tue Jan 02, 2007 10:34 am

I just received a letter from a collection agency regarding an NSF check. Standard letter it looks like. But this is the part that sounds like a violation of the fdcpa in which I can tell this CA to go packing.. Here is what is written in the letter verbatim:

Posted: Tue Jan 02, 2007 10:39 am

Hmm..that's a good question, Outlaw.

I don't think they're violating fdcpa if they are merely informing you that legal action would be taken if you don't pay within a certain time frame. I could be wrong though, and it may depend on the state you are in, too.

Like you, I think I'd be more concerned about the "criminal charges" part - since it's a civil charge, not criminal, unless they can prove intent on your part to defraud by check.

Posted: Tue Jan 02, 2007 10:48 am

I'm not too worried and definitely don't feel intimidated by that little statement. But I though that if they threatened you with criminal action or even hinted that they were going to send the cops to your door, then it was a violation.

Posted: Tue Jan 02, 2007 10:51 am

I'm not sure, Outlaw - I'm sure someone else more familiar with the ins and outs of fdcpa will post more info, though. Sorry I couldn't be of more help! Embarassed

Posted: Tue Jan 02, 2007 11:09 am

Bad checks and the fdcpa get pretty complicated, and may depend partially on state law. I would find yourself a consumer attorney through naca.net and bring the issue to them.

If they think it is a violation, it is probably a big violation. If not, they'll let you know and send you on your way. Might as well get a professional opinion.

Posted: Tue Jan 02, 2007 11:25 am

Think this way...

What if a person intentionally writes a bad check knowing that there is no money in the account? This can be treated as a fraud unless the person is able to prove that this happened for once only and out of unusual circumstances. The debt collector does not know what intentions you had when the check was written. It is a civil case and the judge will make suitable decisions.

Guest · Posted: Tue Jan 02, 2007 11:35 am

In New York, passing a badcheck is a misdemeanor. Passing a bad check at a grocery store used to get you a phone call from the local PD.

Posted: Tue Jan 02, 2007 11:40 am

Regardless of what the intent was. In WA state and I'm sure it's similar in most other states, an NSF check is strictly a civil matter. RARELY does or can it become criminal. Now if the check were written on a closed account or if person were writing checks to cover another checking account, called check kiting, then those are criminal. Most times a felony.
For us, it was an $8 check. A small one that was just forgotten in the age of debit cards and paperless banking.. So the check debt is legitimate and I intend to pay it. But I want to keep the CA on the straight and narrow and prevent them from using bullying and intimidating tactics. I will work with them if they are professional and treat me with respect upon first contact. Not threaten me with criminal charges and strong arm me into paying the check PLUS "reasonable handling fees" which amount to more than 350%!

JMM · Posted: Tue Jan 02, 2007 11:41 am

My niece was arrested for one bad check - over a year after it bounced. She had to go to court and it is on her record.

JMM · Posted: Tue Jan 02, 2007 11:53 am

By the way, my niece was arrested for a $9.50 check in WA state and her account was not closed. Washington state has a bad check enforcement program that includes criminal prosecution if the person does not pay the check and other fees after notification.

Posted: Tue Jan 02, 2007 12:09 pm

Thanks for the info, JMM.

Posted: Tue Jan 02, 2007 12:10 pm

WA state does? What is the statute if you know it? I fairly certain that if you go around writing a bunch of bad checks that total to a large amount, the can prosecute. I don't believe they could for a $9.50. There has to be more to it than that. There is a difference between "bad" and NSF most likely.
Anyone know the

Posted: Tue Jan 02, 2007 12:12 pm

What also makes me wonder about this particular CA is that it's from Alliance One or Receivables Mgmt. I think I've seen thier name tossed around on this site as one of the sleazy outfits.. but not for sure.. Anyone heard of them and thier reputation?

Posted: Tue Jan 02, 2007 3:32 pm

Most states will prosecute you if you write a bad check and don't pay it within a certain amount of time. You will be notified by the DA if your check is sent to them and it is possible that you could go to jail for not paying off a bad check.

Reguardless of a reputation of a collection agency, if it is yours and you know for a fact they have it you should pay it.

My mother had a friend who wrote a check for 1.24 once. She either forgot about it or just refused to pay it but she did end up in jail. A state trooper showed up at her door and took her away. She spent the night in jail because they picked her up after the court had been closed. A check that was only 1.24 ended up costing her a lot of embarassment and about 200 extra bucks in the process of all the fee's that had been tackled onto it.

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