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Debt validation NSF check

Date: Tue, 03/17/2009 - 18:27

Submitted by anonymous
on Tue, 03/17/2009 - 18:27

Posts: 202330 Credits: [Donate]

Total Replies: 4


I sent a company a DV letter and they sent me back a statement with a copy of a NSF check from July 2005. The check is for 6.47 and they are adding 230 in late charges.

It is reported on my credit report. Is this validation enough since I asked for all the stuff that is on your sample DV letter. I want it off my report what should my next step be?


All states have laws on what can be charged in a NSF check..sometimes it is a straight amount, like 30 bucks. Other times I have seen they can ask for triple the amount of the check, but even then it would only be $19.41. I am pretty sure that NO STATE has a check law that they can tack on any kind of late fee.

You send them another letter, disputing the amount. As far as you can see, you are liable for $6.47. Don't even admit to your own states bad check fee...make them prove that at this point, give nothing.

Until such a time as they can either justify that extra money with legal evidence, or they send you a letter agreeing that the owed balance is $6.47 and not another cent more, then they will be getting nothing from you except a lawsuit.


lrhall41

Submitted by goldenbast on Tue, 03/17/2009 - 18:52

( Posts: 2884 | Credits: )


Thanks for the good advice. I will send them another letter disputing the amount but should I ask for a copy of the contract that they have with who the check was written to? The notice came from a 3rd party collection.

So what do I do to get it off my credit report?

(Until such a time as they can either justify that extra money with legal evidence, or they send you a letter agreeing that the owed balance is $6.47 and not another cent more, then they will be getting nothing from you except a lawsuit. )

What kind of lawsuit could I file? Probaly won't do it over 6.47 but curious.


lrhall41

Submitted by on Tue, 03/17/2009 - 19:39

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Well it really isn't over $6.47, it is $230 extra that is the issue. If they ignore your DV, they -may- report it as disputed, but nothing else. So you will still be stuck with it listing on your credit reports, even if they at least abide the no calling part.

You would have to sue them under providing false information to your credit reports, which is a violation x3 plus other things you could get them for. If you were suing for even $1000 plus costs of court...they would suddenly be very interested in paying you a settlement of a percentage of that and permanent removal from the CRAs....they would rather lose out on that money then $1000, and you will likely be able to sue for more then that for it.


lrhall41

Submitted by goldenbast on Tue, 03/17/2009 - 23:23

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