Bad check 8 years later?
Date: Tue, 10/14/2008 - 21:22
I am still working on getting this verified with my bank. I only keep check records for five years. She is only willing to send me a copy of the check by fax, I don't have a fax machine and would rather not receive it at work.
I left her a message today requesting a letter on their letterhead, stating the amount of the debt, to whom the debt was owed, and what amount I currently owe as well as a copy of the check (or details such as the check number, amount, date NSF, etc.). This afternoon (too soon to be in response to my message) I received a letter from them stating "On xx/xx/xxxx you were involved in an incident that violated State Law". It continues in this vein but never gives specifics other than dates. The letter was unsigned.
While I am certainly willing to pay any debt I owe, I would like to verify that I do, in fact, owe a debt. This "incident" occurred eight years ago, with no word of this check from anyone in the mean time. I have not moved or changed my phone number in over 10 years. In my experience, when a check is bounced you are contacted by the vendor within days of the check being refused. This all seems a bit weird and my bank is a bit confused about it, too. The collector is getting more snarky as I keep explaining that I need some verification and ask her to be patient while my bank researches the check.
I'm not sure what's happening, but I need to be sure that this is legitimate. Any thoughts?
Have you received anything in writing from them? What State d
Have you received anything in writing from them?
What State do you live in?
Are you sure of the Company's name? Do you have a contact phone number?
This is outside the statute of limitation more than likely, so when they contact you again ask for a street address so you can send them a DV letter.
Also if you have the means to record the call I would do it. They will probably more willing to provide the information if it is recorded. I would advise the caller that this conversation is being record as soon as they identify themself. If they refuse to be recorded state that you will only talk to them with the recorder on and if they are refusing to be recorded then they need to hang up now.
Say something like this "I am not refusing to pay if this debt is valid and owed by me, but I have no information to support your claim. This phone call is being recorded and your continuing to talk will be taken as implicit (sp) consent to do so. If you are refusing hang up now."
You want it on the record that if the debt is proven you are willing to talk about paying. Most of the time if you say anything other than ok I will pay they will say "I will notate that you are refusing to pay."
I would state that you are recording regardless if you do.
I would send them a DV request. DO NOT PAY ANY $ until they can
I would send them a DV request. DO NOT PAY ANY $ until they can validate.
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Bad check 8 years later?
I live in Florida.
I got the company name off the letter they sent, but the woman who calls me refers to them as "ETS Check Recovery". I do have a contact number, we have exchanged a few calls.
She responded to my message from yesterday (where I asked for a letter stating the debt amount, who the debt is owed to, etc) and restated that she cannot send me this information via mail and offered to fax a copy of the returned check.
I have told her repeatedly that I intend to pay the debt, if I can verify that it is legitimately owed.
Thanks for all your help so far, everyone.
Bad check 8 years later?
Oh... and the letter they sent did not have a street address, only a post office box for the return address.
Their letterhead was only their name and a logo and it was signed "Processing Department" (no person names were anywhere). There really wasn't much information at all.
I would not pay these people a dime until they can validate the
I would not pay these people a dime until they can validate the debt. Anyone can send out a letter with their company name on the letterhead. Also, if you are still banking with the same bank that you were 8 years ago when the check supposedly bounced, they should be able to do a research on your account. Did the collection agency give you the amount the check was written for? If so, your bank possibly can find the transaction with the amount if you don't have the check number.
It sounds like a scam to me, because there are alot of them going around. Wait and see what your bank can find out. Also, don't give this company any banking info, just in case it is a scam.
That is ludicriss that they can't mail you out a letter! Sounds
That is ludicriss that they can't mail you out a letter! Sounds like a scam.
What is the name of the collection agency? I just googled ETS and found nothing on them.
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Have you ever had any pay-day loans, by any chance? Everythin
Have you ever had any pay-day loans, by any chance?
Everything you are saying just reeks of some bottom-feeder CA trying to collect on a pay-day loan. They usually threaten you have written a bad check and will not verify the information when requested. Will be evasive about the name of their company. Will demand you pay before they make any move toward validating the debt.
Yeah, right. Like I'm going to just start handing out money to any Tom, Dick, or Harry that starts calling screaming for money without validating why they think they are entitled to this money.
I'm with you, if you had really bounced a check in 2000 you would have already been contacted long ago about this. Especially if your phone number and address has remained the same since then.
I would definitely send them a debt validation letter via certified mail return receipt requested. You can still send them to PO boxes; they usually get a notice in the PO box they have a letter to sign for and they have to go to the service desk in the PO to do that. Once they receive this letter, they are required by law to validate this debt. I would even specify you want a copy of the front and back of the check MAILED to you. I would also state clearly if this debt is indeed proven to be yours, then you will take care of it; however, I would not admit in any written correspondence it is yours.
I'm in Florida myself, and have always heard that Florida has very strong laws when it comes to passing bad checks, so I find it very hard to believe you would not had to take care of this check before now.
This all seems very fishy to me.
Bad check 8 years later?
I sent the debt validation request by registered mail. It was received and signed for on Oct. 31. No more calls but no letter yet either...
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you haven't received any more phone calls.good i practically guarantee you won't hear from them again.
