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Is this debt check fraud?

Date: Fri, 10/27/2006 - 16:34

Submitted by jdd0022
on Fri, 10/27/2006 - 16:34

Posts: 5 Credits: [Donate]

Total Replies: 9


My checking account is in the negative for a little over $1000. The account was closed by the bank (wells fargo) and sent to collections. I have all intentions to pay the debt i owe. I just don't have it right now. The collections agency has threatened that this debt is considered check fraud. There are no hot checks on this account the majority of the debt is overdraft fees and purchases from a debit card. My question is this: Am I really in danger of being charged with check fraud or is the collections agency using scare tactics? She called today and asked if I was prepared to pay the debt I told her no and she asked if I had an attorney yet. I've dealt with collections before when it pertained to credit cards etc... But with this being a checking account I'm not sure where I stand. Any suggestions or advice would be extremely helpful.


Nope, Wells Fargo closed the account and later it was sent to collections. How can that sound to be a check fraud. Did you get anything from the collection agency validating this debt? You should be sure that any amount of money you pay gets posted to your account only. Some collection agencies misrepresent the account details and try to pocket money.

Can you call Wells Fargo and do some arrangements there?


lrhall41

Submitted by orake on Fri, 10/27/2006 - 16:46

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Not yet I am planning to go there tomorrow morning and discuss my options with them. When I told her that today she told me she was going to make a not in my account instructing them not to accept less than $200 dollars. Also I have recieved no validation of the debt from the collection agency. Nor have I requested one. I was just reading in another thread about that.


lrhall41

Submitted by jdd0022 on Fri, 10/27/2006 - 16:49

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jdd, I know that most of the banks will give you at least 30 days to put the money back. Also if you go in maybe they will set up a payment arrangement for you. I would say this if it was a local bank, however with Wells Fargo who knows? They are the dirtiest bunch for mortgages I have ever saw. Good Luck Kyside38


lrhall41

Submitted by KYSIDE38 on Fri, 10/27/2006 - 16:50

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.. you should get that debt validation completed by the collection agency. In case, you have no way but to pay them, you have to be sure that your money is going to the right place and will be posted to your account. If they aren't authorized to collect from you, Wells Fargo won't receive anything and will hire someone else again. In between what happened to the money you paid to the CA?? Someone ran away with it.. so ask the CA to validate the debt. This must be in writing and according to the laws. Are you aware about the fdcpa?


lrhall41

Submitted by orake on Fri, 10/27/2006 - 16:56

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1) You can't be sent to jail. That just isn't possible in a civil matter.

2) You have the rights to ask for debt validation from an outside collection agency. An internal collections dept of Wells Fargo may not have to follow the fdcpa rules of debt validation. I am assuming that a third party debt collector is calling you.


lrhall41

Submitted by orake on Fri, 10/27/2006 - 17:01

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I had this happen to me, I can't say for certain it pertains to your situation as laws vary from state to state. I had my account turned over to an outside CA for the same thing, and an attorney told me that I didn't have anything to worry about. I was never threatened by the CA but the thought was still there in the back of my mind. I just made a reasonable payment arrangement with the CA and paid it off.


lrhall41

Submitted by WHEREAMI? on Fri, 10/27/2006 - 17:01

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