Stuck between a rock and a hard place
Date: Fri, 09/07/2007 - 15:13
Besides the checks bouncing several electronic payments for utilities bounced as well and put me into a huge mess.
I have been working with the utility companies on payment arrangements and even the bank set me up with a payment plan for the $1000, spreading me extremely thin but doable.
Except these two collection agencies that have the checks. They are being buttheads. I explained the situation, that the bounced checks were unintentional (even offered to give them a letter from my bank about it). That I wanted to set up a payment arrangement with them. Nope. They will accept nothing less then the full amount. I explained that is impossible for me as I am trying to honor all of my obligations!
They just told me that they will send me to the DA and press charges for theft!
I am -so- annoyed with them. They are going to force me to go before a judge, but at least I can prove that it wasn't intentional theft per the statutes. Hopefully the judge will understand the situation and the fact that I tried to make good on the checks....maybe he will go easy on me.
I wonder....can a collection agency press charges? It seems to me that only the merchant I wrote the checks to could do so, after all I did not 'steal' from the collection agency! *sigh* I have got a killer headache.
I do not beleive they can press charges and you can not be arres
I do not beleive they can press charges and you can not be arrested for bouncing checks
Unfortunately they can, I looked it up when they said that. (im
Unfortunately they can, I looked it up when they said that. (im just not sure if they can do it as the injured party) I seriously don't think they can get me for theft, that would mean they had to prove I did it intentionally. The checks I wrote would be considered a misdemeanor class C, not sure if there would be jail time but dang I'm so annoyed with the collection companies that I will take the jail time (can't be much time the amounts are not high) and then tell the collection companies to shove the collection letters up their *bleep*.
Hell, my hubby has time on the books to take off work paid leave...it would be a vacation to go sit in a cell and not worry about kids and chores. :roll:
Everyone bounces a check every now and then unintentionally. Th
Everyone bounces a check every now and then unintentionally. The law is out to only arrest habitual "hot check" writers.
Thanks. You are right of course, I am not going to sweat this.
Thanks. You are right of course, I am not going to sweat this. I am sending this letter to both of the collection agencies and then leave the ball in thier court.
Quote:
Instachek 902 Ave J PO Box 2249 Lubbock TX 79408-2249 VIA: Certified Mail Return Receipt ######## Re: Dishonored Check #### Dear Instachek: This check was not intentionally written to be knowingly dishonored. I ran into a rough patch with my bank and had many returned items, besides check ####. The bank account was closed and a payment arrangement was made with my bank. I have since started setting up other payment arrangements with my other responsibilities and would like to set up a payment arrangement with you so that I can take care of all my responsibilities. I currently owe you $xxx.xx. I would like to make the following payment arrangement: Payment: $xx.xx on 10/05/07 Payment: $xx.xx on 11/05/07 My husband, who is the sole provider in our household gets paid on the 1st of each month, we ask that these payments be made on the 5th to make sure payment can be made in a timely manner. I hope we can work together on this, as this is the best I can do with my current situation. You have the right to refuse the payment arrangement, in which case I will pay this debt to you as soon as I can. You do have the option to take me to court or turn me in to the DA, but according to the Texas Penal Code Title 7 ????32.41. Issuance of bad check: (a) A person commits an offense if he issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance. There were funds in the bank account when I initially wrote the check and did not intentionally write the check in order to defraud the check holder. Any judge will plainly see that I have fell upon hard times and did make the attempt to honor my check as this letter shows. At most the judge would order me to make payments, likely in increments that are much lower then what I have offered you here, in good faith. Please respond to this letter and let me know if we can enter into this payment arrangement. Thank you, Goldenbast |
Law Student is right- only if you are a hot check writer, and ar
Law Student is right- only if you are a hot check writer, and are not taking care of them, can you be arrested and charged, at least that's the way it is here.
All collection companies want the balance in full! I have been told that many times. My response was "Don't you think if I had the balance in full I would pay you so you wouldn't call me 100 times a day?"!! I have sent money orders, along with a letter to them, and they haven't sent them back!
Be sure and keep copies of all correspondence, send them money orders so they don't have your account info, and send everything certified, return response.
Good Luck..Karen :D
If a check was done electronically, as in over the phone I don't
If a check was done electronically, as in over the phone I don't think it is the same thing as you maining them a physical check.
These were actual paper checks, wrote at two different grocery s
These were actual paper checks, wrote at two different grocery stores.
debt
In my 'many experiences' ( lack of a better word), about 99% of people ( utility companies, stores, etc.) will 'work with you', if they know you are trying to resolve whatever issue it is. Sounds, like to me, you are trying to resolve the problems. Good for you!!!
FIY is right. If done electronically, the Electronic Funds Tran
FIY is right. If done electronically, the Electronic Funds Transfer Act would come into play. All the same, if funds were in your bank, as per your letter, I would also take it up with the bank.