I messed up so bad
Date: Wed, 01/17/2007 - 16:23
A couple of my credit card companys closed out the accounts and sent them to collection agencys.
One of the collection agencys contacted me at the beginning of december and demanded payment in full, being that this is my first experience with a collection agency he was able to push me around and make threats with lawsuits and put me in a position of do or die.
So based on what he threatened me with I felt I had no choice but to agree to his payoff plan... my total debt was $1700 so I agreed to a post dated check for the following week of $1000 and another at the beginning of january of $700 and I did everything I could to make good on the checks...
The first check for $1000 went through and was paid but the second check I could not scramble up enough to get that paid because a medical bill garnishment began on that paycheck and I am now paying 25% of my pay to them and it has left me strapped.
The collection agency guy called me this morning at 6am no less and is telling me that I have committed a felony and that I will be pursued if I do not come up with the $700 immediatley.
Is this true and what rights do I have
Welcome to the forums :D Usually for it to be criminal offense,
Welcome to the forums :D Usually for it to be criminal offense, they would have to prove that you intentionally wrote the check, knowing it wouldn't clear. Normally, companies give you some time to clear up the debt. Another thing, why was this man calling you at 6am in the morning? The FDCPA states that collection agencies can only call between the hours of 8am til 9pm in your time zone.
but if I cannot clear the check up for a couple weeks could I th
but if I cannot clear the check up for a couple weeks could I then be in big trouble?
And as for the 6am thing... I have no clue as to why he called that early... and he left a message on my home phone and my cell phone, do you think that could help me buy more time?
If they call you that early again, just remind them that they ar
If they call you that early again, just remind them that they are violating the fdcpa by calling you so early. Is there someone at the collection company you can talk to or make arrangements with regarding the returned check? I'm quite sure, your NSF isn't the first one they've seen.
What is the name of the collection agency that is calling you? Do a search for them on the Better Business Bureau website and see what their record looks like, as far as, if they are a member of the BBB, and how many, if any, complaints have been filed against them.
If you can send them anything now, whatever you can, I would do
If you can send them anything now, whatever you can, I would do that. And then let them know you will pay the balance in two weeks. Usually if they pursue somebody for a bounced check you are notified by the prosecutor and given the chance to make the check good. At least that is the way it is here. (OH)
I have tried to make arrangements with him but the only arrangem
I have tried to make arrangements with him but the only arrangement I get is pay it right now or face legal action and he is telling me that I will face felony charges - can he really do that
the collection agency is universal fidelity
You should probably contact an attorney in your area who would k
You should probably contact an attorney in your area who would know your local laws to see if a collection agency can really do this. Usually attorneys will give free phone consultattions. I do know that if a CA can not press charges it is illegal to make such a threat.
If I'm not mistaken, they can not accept post dated checks. Some
If I'm not mistaken, they can not accept post dated checks. Somebody correct me if I am wrong.
Quote:If I'm not mistaken, they can not accept post dated checks
Quote:
If I'm not mistaken, they can not accept post dated checks. Somebody correct me if I am wrong. |
You are correct. Having received a call at 0600, asking for a post dated check, and threatening you with a felony are all violations of the fdcpa.
Collection agencies are not prohibited from taking post dated ch
Collection agencies are not prohibited from taking post dated checks..It's just not reccommended as sometimes they deposit them earlier then the date that is was written for.
Heres a few FDCPA laws regarding post dated checks.
Quote:
Section 808(2) . prohibits accepting a check postdated by more than five days unless timely written notice is given to the consumer prior to deposit Section 808(3) prohibits soliciting any postdated check for purposes of threatening or instituting criminal prosecution. Section 808(4) prohibits depositing a postdated check prior to its date |
http://www.fair-debt-collection.com/rules/unfair-collection-practices-8.html
I went through something similar a few years back. You have man
I went through something similar a few years back. You have many things on your side. First, you did clear a $1000.00 check, immediately. Second, you would have proof, should you need to show it, that a garnishment started on the day the check was suppose to be put through. Third, in my experience, I went to court here in Indiana for a bad check. It was me, and a judge, thats it, no one else. He asked me what payments I could afford, it was on $1300.00. I told him $50/mth, he said OK, and that was that. You don't, however, get to miss your $50.00 payment, or your next court date. The next court date was to check on my payments, and see if my financial situation had changed. The fact that your first check was a big amount and cleared is going to help you show that you had every intention of paying.
In some states, if not all, It is a felony to write a bad check
In some states, if not all, It is a felony to write a bad check across state lines.
The only state, that I know if, that does not allow post dated checks is MA. Also in that state collection agency can not tell you that you must pay in anyway that will cost you a cent.
My suggestion would be to mail in what you can to help recorver the check and to try and clear it up quickly as possible.
