Check Restitution Program

Jolie

Welcome to the forums! Sorry to hear of your recent worries. Chances are this is a collection company. You might want to write them a letter, asking for validation of the debt. Even though you know where the debt is coming from, you want to make sure they have legal right to be collecting on it, as well as be shown their calculations.

You may use the letter below as a sample letter to follow. Once you receive validation, you may place a call to the collection company and see what payment arrnagements they'll accept. Let them know of your current financial situation without giving out too much information.

[quote]Date: Thursday, January 26, 2006

Re: Acct # xxxxxxxxx

To Whom It May Concern:

This letter is being sent to you in response to a letter sent to me on
January 24, 2006. Be advised that this is not a refusal to pay, but a
notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC
1692g Sec. 809 (b) that your claim is disputed and validation is
requested.

This is NOT a request for ???verification??? or proof of my mailing address,
but a request for VALIDATION made pursuant to the above named Title and
Section. I respectfully request that your offices provide me with
competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

• What the money you say I owe is for;
  
• Explain and show me how you calculated what you say I owe;
  
• Provide me with copies of any papers that show I agreed to pay what you
  say I owe;
  
• Provide a verification or copy of any judgment if applicable;
  
• Identify the original creditor;
  
• Prove the Statute of Limitations has not expired on this account
  
• Show me that you are licensed to collect in my state
  
• Provide me with your license numbers and Registered Agent

• Violation of the Fair Credit Reporting Act
  
• Violation of the Fair Debt Collection Practices Act
  
• Defamation of Character
  
• If your offices are able to provide the proper documentation as
  requested in the following Declaration, I will require at least 30 days
  to investigate this information and during such time all collection
  activity must cease and desist.

Jolie, Who sent you the letter? Many jurisdictions have a deferred prosecution program that is run by a collection agency.. but you have to treat it differently. If the letter is from your county prosecutor's office (district attorney), you should be able to call them and they will give you a number to call to make arrangments. I would not follow the usual validation steps in this case because the program is not being done under civil law procedures, and the fdcpa does not apply. What these programs do give you a chance to avoid the risk of being criminally prosecuted for writing a bad check by making restitution and usually by taking a class on managing finances.

You should also be able to verify with walmart that they have turned the checks over to your prosecutor.

Don't be scared, here, just contact them and follow through. If I can be of any more help, let me know

jj

That happened to me once. I got a letter from the state check rest program and I called the number on there. I was able to make one payment or 2 payments. They were very nice but it had to be done by a certain dated (30 days mabye). I had to send in a money order. The people that I spoke with were very nice and understanding. Nothing has ever showed on my record since these were paid.

Jolie, follow the suggestions that has been given to you by everybody. If the matter has taken a legal shape, you have to pay up the amount including the fees before further actions take place. As you will be required to make the payments under the program, the amount will be kept lower so that you don't default on them. Make sure that you pay it off within a couple of payments.

Now this is an example of a real bad check. I wonder why payday loan companies and their lovely collectors don't use this channel for their so-called bad checks!!

Kam, payday loan companies don't use this channel because they don't fall within the laws that govern it. They accept a post-dated check, which is known to be a bad check at the time it is written by both the writer and the person who accepts it. As such it is not a prosecutable offense i.e. "check fraud"

yeah I know. I am just being sarcastic! Perhaps we should tell them how to pursue their bad checks next time they call and threaten us with arrest! LOL! :lol:

Jolie,

What they are doing is illegal. They are limited by statute as to how much they can charge you for a returned check. It's like $20 per returned check plus the principal owed.

You need to contact an fdcpa attorney asap. Where do you live? You can also go to NACA.net and look up an FDCPA attorney near you.

B

Thank you all for your help!!

The letter itself is red and the ink on it is black. Horrible colors to slam together if you ask me. LOL

Anywho, It says at the top it's the district attorney
check restitution/prosecution program. We're in northern california. Lake county to be exact.

It also says "Final notice prior to referral for possible arrest warrant." No other letters have been sent to us all this time. This is the only one we have ever gotten. My husband is going to call them today.

They've even raised the price on the check fee. The original fee walmart quoted for each check was $25 and now it's $35. There are also bank charges on this $10 each. Don't know if that helps with anything.

Again, thank you for you time everyone. We really appreciate it.

First step call the Lake County District Attorney's office and verify that the letter is legetimate. If they use a CA to run the program, ask them to give you the number. Then once you get the number call it and make arrangements that will work for you. Usually with most of these programs, the notice by the merchant counts as the first, then the Da or CA (on behalf of the DA) will send on, maybe two notice letters. Don't be scared here either remember the letter is saying that they could fiel charges, not that they will. let us know how it goes.

help, what is happening is legal.. they are not operating under civil collection law, it is a criminal prosecution diversion program, therefore the fdcpa does not apply. Pm me if you need to know more

If you do a Google search for "Check Restitution Program" you will have several hits in California. All of which appear to be a program of various district attorneys, which means Wally World has already turned it over for prosecution(and the above suggested cease and desist letter won't do any good).

If you are in Solano County,it appears it is a get out of jail free program (pun intended), which will also require you to a financial management class to have the matter cleared up.

UPDATE
I didn't see that your were in Lake county till after I posted.
Your county also has a similar program.

It appears theprogram is run by the Lake County DA's office, not a collection agency.

DON'T mess around, you are being offered a last chance to get out without much hassle.

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