I am a teacher, who has recently experienced identity theft. I wrote a check for $500 to a company (not a collection agency) in Montana. (I live in South Dakota.) It bounced. Although I have every intention of rectifying the situation, the company called me at work today and threatened that, if this isn't taken care "right away", they will have the Sheriff "drag me out of my classroom in front of my students" and "extradite me to Montana." I understand that I owe them the money (and am in the wrong) but this threat seemed inappropriate to me. It seemed like a deliberate tactic designed to intimidate (especially after I already admitted I owed them the money). What should I do? I was thinking of faxing them a letter explaining the situation, establishing payment terms, and telling them to cease making threats. Advice would be appreciated, especially with specific legal information I can use to help avoid anymore threats.
2007-03-22 07:55:37 · 7 answers · asked by sean 1 in Politics & Government ➔ Law & Ethics
A few of the other answers have touched on the correct one, and the correct answer depends somewhat on more specific facts.
You apparently wrote an insufficient funds check in the sum of $500 to a company in Montana, as a resident of South Dakota. The company in Montana has two courses of action here. 1) They can proceed in the civil process of collecting the check, which includes sending it to a debt collector, etc. The debt collection agencies are NOT allowed to threaten jail, etc. If it was a debt collection agency and they threatened that, they are violating federal law. However, read on. 2) If it was the company itsself who called, that is a different matter. The company has the option, if they wish, of filing the matter with the local prosecuting attorney under the bad check statutes of the State of Montana. In most states, a check for $500 can be a felony. If they issue a felony warrant in Montana, you can indeed be arrested in South Dakota and extradited to Montana to face the charges.
Since you are a teacher, your teaching license might also be at risk.
I think you need to immediately consult with an attorney. I would find an attorney in South Dakota who can review your situation with you, and may need to review Montana law to determine the possibility of criminal prosecution. The attorney can also advise you and negotiate a repayment of the amount of the check. For a referral, contact your local or state bar association.
2007-03-22 08:57:22 · answer #1 · answered by Phil R 5 · 1⤊ 0⤋
No a creditor/company threaten you with jail time; that type of power is beyond their scope of power. A company certainly has no authority to extradite you.
The extradition process is expensive and lengthy, ultimately the governor of your state has to sign an extradition agreement. However, as I mentioned earlier companies don't have that power.
The most a company could do is file charges against you with your local district attorney's office. If that office wanted to prosecute you they could, going to jail would be up to a judge.
One option you have is to file a complaint with the better business bureau. You'll defiantly want to keep documentation of any receipts you have showing you paid, and maybe a journal documenting every time they call and what they say.
I don't know if you have the money to consult with an attorney, but you may want to do that. I hope that helps.
2007-03-22 08:19:29 · answer #2 · answered by evil_paul 4 · 0⤊ 0⤋
It probably wasn't the company, it was more likely a notorious collection agency such as Alliance. From what I hear they are ruthless.
The best thing is to not call the company or the collection agency. As soon as possible mail payments that you can afford.
A friend used the company DebtXs to deal with credit collection companies.
DebXs assigns a counselor to you and that person negotiates with your creditors.
Debtxs.com
2007-03-22 08:08:24 · answer #3 · answered by newyorkgal71 7 · 0⤊ 0⤋
If this debt isn't yours why the hell did you start paying it even with an NSF check. The NSF check in itself is illegal. By writing the check you admitted to the debt of which a person with your education should know was wrong. I highly doubt if you will get extradited for it but an NSF check is considered fraud. I would get a lawyer involved a quickly as possible.
2007-03-22 08:19:08 · answer #4 · answered by idak13 4 · 1⤊ 0⤋
The people those companies hire are'nt very intelligent.
The person making threats probably gets $6.00 an hour.
I would say to call the DA in that state...but they'd just come after you for the check. Pay asap.
2007-03-22 08:16:02 · answer #5 · answered by Bonnie Lynn 5 · 0⤊ 0⤋
You cannot go to jail for having debts.One of the things our forefathers that created this nation set in motion.You can go to jail for fraud but it must be in a court of law.To be put in jail you would be sued first.To keep it short you have nothing to be afraid of.However I would write the people that said that to you and complain.They have no right to do this to you.Making payments is perfectly acceptable even as low as 10 dollars a month and by law they must accept if they don't that's their problem.That is the law , don't be intimidated, stand your ground, be strong these are your rights as a citizen.Good luck.
2007-03-22 08:17:43 · answer #6 · answered by nuvision93952 2 · 0⤊ 2⤋
Pay up and you wouldn't have to worry about it. Stop writing hot checks.
2007-03-22 08:00:32 · answer #7 · answered by Anonymous · 1⤊ 3⤋