NSF Check Question

[AC7179]

My husband got a letter in the mail the other day saying this was the last attempt to collect on an NSF check written in 2000.

He was going through a divorce at the time. The letter had a Cigarette Outlet logo mentioned in it. He doesn't smoke, never has-----but his wife did. Anyway, he has only had two banks and has always had NSF coverage of up to $500---you know, where the bank covers it and then charges you a fee. He has no recollection of any hot check. He figures there is the possibility his ex could have done it--but he has not had any contact regarding the issue since it supposedly happened.

SO, he called the company, and they said the check was from 2000 and it was for 87.50. He mentioned not knowing about a cigarette outlet, and they said that the check wasn't necessarily from them. So he asked who the check was written to, and they said they didn't have that information. He asked for the check number. They didn't have that information. He asked if they had a copy of the check. Nope. They said if he could prove that he didn't write it they would forget it.

Well, he called his bank to ask if they had a record of the check being denied and they said since it was so long ago they were going to charge him per hour to look for the records.

We don't know what to do. At this point, since the recovery people who called had NO information, he is afraid that it is a scam, esp. since he has overdraft protection and hasn't heard of this issue at all since it supposedly happened.

Anyone know what we should do to figure it out? Of course we woudl pay it if he really did write the check, but at this point it seems pretty far-fetched.

 

[picantel]

Let's break this down. Firstly, they send a letter stating this is a last attempt to collect on a check. I would bet this was your first letter ever from this company also. More and more collection agencys are sending out drivel like this so if you can dispute they can lie to the court and state they sent out notices and the dispute period is up. From reading your description this sounds like something JBC & Associates or JBC Legal or whatever new name they have made up is doing. They never have any info on the check and are trying to scam you.

Firstly, type up a little letter to the company. In this letter state you have never written a check and outline your conversation with your company. Then state you are disputing the debt and would like proof if was ever written. In this letter also state they are to cease and desist all communication through the phone and should only contact you by mail. you MUST send this out certified mail return receipt requested or they will throw it in the trash and deny receiving it.

Finally, this debt is past the statute of limitations irregardless and any threats of legal action they make would be illegal. Should you wish further help you may pm me or prefer email me at picanteL4343@yahoo.com. It would help also if I knew your state and the name of the collection agency.

 

[Honu]

This happened to me about a year ago. Some collection agency called and said I owed Bank of America $400+ from a checking account I had with overdraft protection in the early 1990s. I did have a checking account I closed, but I have a credit card and other account with BofA that are still open. It's not like I walked away and they didn't know where I am.

Like you, I asked for back up. They didn't have it. Then they made me a one time offer to settle for a lesser amount, if I paid it now. That was the end of the conversation. I told them to go ahead and pursue a court action and I hope they bring their back up to court because the judge is going to want to see it too.

I called BofA and they couldn't even find the account and I never heard from the collection agency again. There is nothing on my credit report showing this debt. I just don't know how these people found out I had a BofA account 15 years ago.

 

[barkley]

methinks if it were a valid nsf check the local vendor that took it would have pursued it long ago-most jurisdictions give 3 times the amount of a bad check to a vendor. when i worked for a bsns. that took checks and we got an nsf we would call the issuing bank 3 times over the next 7 days to see if funds were available, document it in a certified letter to the issuer and then if they did'nt bring in the funds for the check and the bank fees incurred refer it within the month to the district attny's office.

 

[BuzzBoyMom]

Me hearing a scam!!!

Beware!!

 

[escape]

I had something like this happen to me recently. It wasn't a check in question but an unpaid bill from 1996. The amount in question was $800+. The letter I received about this bill was from a collection agency. The agency made a one time offer to settle - just like the previous poster stated.

I called the 1-800 number listed in the letter and come to find out, I had the same name as the person who owed but my SS# did not match the person they were looking for. For those of you who are concerned, don't worry, I did NOT give out my SS# - I asked what number was listed with this person in question and then I verified that it was not my number.

I think what happened is that the collection agency was able to obtain a list of people with my name and all possible addresses from 1996 to present that lived in my state or area. With that list, the agency then sent out letters. It could be a scam. I don't know.

In your case, this so-called agency that you are dealing with should have more info on the check in question for you. Just to say that you owe on something without details sounds very suspicious to me.

 

[picantel]

Ahh yes trolling the phonebook. On these ancient debts that quite frankly they can do nothing about i.e. sue or report to your credit reports they just troll the phone books looking for a name match and then start harrassing and threatening. You will see these companys such as RJM, asset acceptance, merchant credit guide, NCO Financial, JBC & Associates, ect come after you when they know they cannot do a dang thing to you. I once had a check on my credit report for 3 years that was not mine but both of us with the same name once lived in Cleveland so that was good enough for them. Never mind the guy was about 50 years older, had a different SS#, DL #, and everything else- they did not care. I foolishly let it go for 3 years and then I sued everyone involved and ended up with $32000 for my problems. If you have perfect credit then a bad tradeline can cost you from 50-150 points and hundreds of thousands in interest. Never sit on it.