She had no knowledge of what was going on until a collection agency's lawyer contacted her. This employer has not made the checks good and she can't since she has no money and is unemployed. The employer is out of business. The collection people want triple the damages.
2007-08-20 13:15:08 · 4 answers · asked by Thomas S 2 in Politics & Government ➔ Law & Ethics
She owes the store for the amount of the checks and REASONABLE returned item fees. In order to have a claim for triple damages, the lawyer would have to prove she had reason to believe the checks would bounce. Collection agencies are known for demanding the world from anyone and everyone. I recommend sending them a certified letter telling them to cease ALL contact except to inform you of an actual lawsuit. If they sue, at least lawyers tend to exhibit signs of intelligence. You can work out a reasonable settlement with them.
Your daughter also has a claim against the former employer. Even if they are no longer in business, she may be able to sue the owners. This will require an attorney.
2007-08-20 14:00:16 · answer #1 · answered by STEVEN F 7 · 1⤊ 0⤋
There are two liability perspectives:
from the collection agency - your daughter was being dishonest and attempting some type of fraud.
from your daughters point of view, she was owed the money and had no idea that the checks would not be honoured.
Tell the collection agency your daughter's version in brief terms then contact a lawyer about their harrassment of your daughter before the case goes to court.. get in there first!
2007-08-20 13:22:31 · answer #2 · answered by Just me 4 · 0⤊ 1⤋
Ignorance is not an excuse in the law.
This is why we should wait until any checks made out to us have cleared the bank, before we try to spend the money.
The employer defrauded your daughter.
Your daughter defrauded the grocery.
These are two separate actions of illegality.
Even though she is unemployed, she should be collecting unemployment compensation.
2007-08-20 13:24:07 · answer #3 · answered by Al Mac Wheel 7 · 0⤊ 2⤋
i would think they would go after who wrote since they was a company check might id say she needs a lawyer and dont talk with the coolection people yet no deals til you know for sure i dont think it goes on her but who wrote them
2007-08-20 13:24:15 · answer #4 · answered by infoman89032 6 · 0⤊ 0⤋