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Got DV - new question

Date: Fri, 10/12/2007 - 15:01

Submitted by goldenbast
on Fri, 10/12/2007 - 15:01

Posts: 2884 Credits: [Donate]

Total Replies: 6


Well, in the ongoing saga of me trying to muddle through all this debt listed on my and hubby’s credit reports I get a letter from ERS Solutions holding an old Washington Mutual account of mine. Only thing is it is for 400 some odd bucks and I don’t remember it ever being that high!

So of course I DV them. They send me some bank statements and the amounts match up, but the weird thing is there is a whole truckload of returned check charges. I don’t recall writing any rubber checks, as a matter of fact this was in Las Vegas NV and they are rabid when it comes to bounced checks, there are fines and jail time and if you do it more then once it is jail time up to 10 years and a 10,000 buck fine!!

I lived in Nevada for about 3 more years after my bank account closed and if I had all those bounced checks I’m sure I would be in jail right now and not here writing to you all! So, my first inclination is to ask to see the canceled checks since I honestly can’t remember writing them, but then again it was 5 years ago and maybe I just forgot, then I wouldn’t want to open a possible can of worms and have them sick the police dogs on my butt for these old checks if I was insane enough to write them. Guess I should try to find out Nevada’s statue of limitations for bouncy checks just in case.

At least I know this CA can’t sue me for this, well, at least they can’t win since it is out of SOL for Texas and lovely, lovely Texas has a nifty little law that if you live in this wonderful state for a year you get to claim Texas laws no matter what the SOL was of other states.

So anyone got any suggestions? Opinions? I’m all ears and hoping for a little advice!


Would checks be considered open account or written contract? Thats the only SOL terms I can find for nevada...open account is 4 years, written contract is 6 years. So even if it falls in the 6, I'm in the clear in less then a year. Also, maybe it isn't a bunch of bad checks, but the same one or two checks hitting the account and re-hitting the account.

I wonder if the CA would even have copies of the bad checks.


lrhall41

Submitted by goldenbast on Fri, 10/12/2007 - 16:04

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The difference between writting a bad check at Krogers and sending a check to your credit card company or doing a check over the phone is slightly different. Yes a bad check is a bad thing but in the time that I have been workign where I am I haven't seen a CC company go after people who've written bad checks. I am sure they do but I haven't seen it.

I don't think that is something you have to worry about. What I would do is go back and call the creditor and ask them where they got off on charging you bad check fee's when you didn't write them a check.


lrhall41

Submitted by FYI on Fri, 10/12/2007 - 16:31

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The original creditor was my old bank account. :D I messed up and it went negative. I don't remember having any checks out at the time it happened, but it is possible I had one or two. The DV I got from the CA is the bank statement..that is where I see the rows and rows of returned check charges, yet as I said, I couldn't recall ever writing that many..maybe one or two at the most that were out when I messed up the bank account, but nothing like what is listed.


lrhall41

Submitted by goldenbast on Fri, 10/12/2007 - 19:47

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