Can a collection agency pursue a bad check charge?

Question

I had a returned check turned over to collections, and now the agency is threatening to have me jailed if I don't pony up the money in full (I have tried to make payment arrangements). I intend to pay the amount back, but I don't like being coerced into skipping rent for a month to pay these people. I thought the company that originally received the check had to be the one to pursue charges. Am I wrong?

Answer 1

The company that originally received the check probably turned it over to a collection agency instead of the DA.
The collection agency then does have a right to pursue it, including filing suit against you.

It is against the FDCPA to tell you that you will be jailed for not paying, if jailing bogus check writers is not in your state statutes.

Generally, the only one who can legally place you in jail for a bogus check is your district attorney IF your state statutes allow jail time for bogus checks. Some states do allow it, some don't.

You might check your states bogus check laws as in some states it is a felony to write a hot check.

Answer 2

Check Collection Agency

Answer 3

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RE:
Can a collection agency pursue a bad check charge?
I had a returned check turned over to collections, and now the agency is threatening to have me jailed if I don't pony up the money in full (I have tried to make payment arrangements). I intend to pay the amount back, but I don't like being coerced into skipping rent for a month to pay...

Answer 4

yes you are not wrong just a slight error the payee turned the cheque over for collection . the agency is allowed by law to contact once at workplace , were you just say no work calls , then hang up the phone. a home phone call one time onlt no home calls correspondence only . do not argue or listen to them. try to send a small amount to the payee a small amount when possible . the collection agency buys these account arrears at a discount. they do not sue just pathetic excuses for humans . if you live in canada contact your consumer affairs department of the province you reside in. same for us residences . you do not have to agree to any arrangements there is no jail, no loss of car . they are the cowards of the planets . good luck just stay cool you will have the last laugh is it allied credit toronto ontario ?

Answer 5

Nope, that's why the companies turn over collections to those collection companies - so they don't have to deal with it.

Only way you could get sent to jail is if you knew the check was bad (i.e. you knew you didn't have sufficient funds to cover the check) and that would be the District Attorney's office to prosecute.

Answer 6

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I hear you, I really do. Here's the basic deal: Any charge that is validly in dispute cannot be pursued for collection until the dispute is resolved. What you must do -and apparently have done - is to articulate to the agency the nature of the dispute. Best way is to first of all explain, in writing, via US mail, to the apartment complex why you're not going to pay. Then attach a copy of THAT to your letter to the collection agency and tell THEM that you'll regard any further contact from the as harrassment -which would be BAD NEWS for them if the court agreed with you. As to the missing list: just go back to the complex -or contact a friend who is still there and get them to give you a copy of THEIR list. I assume it is a standard form given out to everyone. If NOT, and a court action seems probably, you can subpoena it -they HAVE to give it up. For both agency and complex, find out who the TOP people are. The complex may be owned or managed by some big outfit; likewise the agency may be part of a vast network. On the internet, go to their websites and track down who the top people are. Send THEM copies of whatever you sent to the numbskulls you're normally dealing with. Your letters should be as detailed as you can make them, without any nastiness or silly threats that invite a fight. The idea here is to build up a chain of correspondence that you can introduce in court should the need arise. Credit report? Don't fall for this. Unless the record of rent payments is the ONLY item on it, you're fine. In fact, if your report is generally very positive -and the $430 claim is the ONLY item there that looks questionable- you look more like a real person to an actual creditor. I've got a black mark on my report from a co-signing I did 6 years ago -hasn't hurt me one little bit. On the other hand, if you have a string of slow and no pays -you're best bet is to pay the $430 and move on. Don't give up!