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Collection Agency Re-Deposited a 'Check' 6 Years Later?????

Date: Thu, 08/16/2012 - 11:35

Submitted by anonymous
on Thu, 08/16/2012 - 11:35

Posts: 202330 Credits: [Donate]

Total Replies: 4


Hello I am most desperate to find out the regulations on an issue I am having. I will do my best to keep this short:

2/3/06


  • Girlfriend car break down mid way through an across the state commute for work.
  • I drive to scene to help.
  • 'Repair Shop' (use that term lightly) says $978 to fix. Would not take a check larger than $500, so paid remaining balance with debit card ($479)
  • Therefore, wrote check for $500, dated 2/3/06.
  • Next day car blows up mid way through the drive. Had to salvage it there. Could not "prove" was the negligence of the repair.
  • Check ultimately ended up bouncing.
  • Tried to inquire why car blew up 1 day after repair, no help. They said could bring it back but the car was 250 miles away. They weren't paying to have it towed that far.
  • Further expenses to arrange alternate travel and rental car for two weeks caused check to bounce.
  • Repair shop turns the $500 over to collection. Never showed up on my credit report anywhere. Didn't even know it was filed as a collection or I would have fought it!

08/2012


  • Check bank account online. Notice a check withdrawn from account in amount of $550. 6 YEARS LATER.
  • Print check and notice:
    --- It is NOT a copy of the handwritten check, now it is electronically printed.
    --- Date on check has been changed from 02/06 to 08/12
    --- They still used same check number.
    --- Check not written to original payee. Now is written to collection agency.

Can this collection agency, change the date on the check, use the same check number, change the payee and resubmit/ re-present the check 6 years later with no notice to me???

I have a family with newborn and just trying to make ends meet. I am hoping someone can point me in the right direction, who to contact etc.... Please, you advice is most graciously received.


OP here...

SOAPLADY
Quote:

Dispute it with your bank as unauthorized....you gave no authorization for an ach debit to them. What state are you in? The debt is probably out of SOL.


I will. I actually instinctively went to my bank immediately and they didn't have too much to say either way. They just said that collections companies have some different limitations about re-presenting a check. But, altering it, I would think would be a different story.

I went into the bank having absolutely no idea what it was. Initially, I was thinking someone had stolen one of my checks. Then when I found out what it was related to, I didn't even compare the details of the check they recreated. Only then, did I actually notice the changes made, even though they couldn't have been more obvious. I guess I was just so confused and baffled by it at that moment. Why the bank didn't see that, I don't know? It's after hours now...

I am in Florida. Do you have any info about the SOL here. Isn't it 5 yrs?



OhioGal1
Quote:
They absolutely cannot do this. You did not give authorization nor did you write a check to the CA. This is fraud. Dispute it and report the CA to the FTC. This is theft!


These are my thoughts as well. I still can hardly believe something like this can be done in this fashion and manage to get this far.


Thanks for not hitting me with the "pay your debt, you deadbeat". As far as the check goes. Yes, it bounced. The vehicle blew up the following day and had to be left there. It was disputed and reported to the repair shop but without much of a resolution. Other than, "Bring it back, we'll take a look". This was not a feasible option. Without a way to prove their negligence I had no way to try to recover the part of the total amount that was charged onto the debit card. Thereafter, I heard nothing from them or any collection agency they retained. Until now, 6 years later.

Whether they are owed or not is irrelevant to the manner that the money was debited from my account.

I sincerely thank you both for your advice!!


lrhall41

Submitted by anonymous on Thu, 08/16/2012 - 15:19

( Posts: 202330 | Credits: )