I received a call about a Bad check from over 2 years ago

[Anonymous]

This call came from a company (CCA collections or something like that)  that said they represent Telecheck.  The check was presented to Pizza Hut in Aug, 2005 from a bank account that I closed later that same year.  The collection agency said they called the Authorities in my area about getting a warrant issued for me writing a bad check.  I have not heard anything from any Authorities about this at all.  No calls, visits or letters.  I checked with my old bank and they cannot grant me a statement from that time period because it is too old.  I wanted to see if the amount was put back through and paid. I called Telecheck and after they looked at the account for 10 minutes they said I do have an account from that time period and the collection company is correct.  They will not send me any information on it  an neither will CCA.  I don't want to pay.  I do remember paying a couple bad checks through telecheck, but that is after they pestered me and declined my checkcashing privileges.  I have not heard anything about this check at all till now. The question I have is does anyone know about the SOL on bad checks.  And what should I do about these charges.  I am thinking about telling them to go head and do what you can, because I am not paying without proof.

[scramblingin2007]

So, they want to get paid but they won't send you "proof" or a bill or the bad check??? I would demand that they sent something before I pay!

[scramblingin2007]

Oh and by the way, what is your SOL?

[Anonymous]

Listen, I don't know too much about sol on checks so maybe an expert in the field can chime in.  But what I do know is :  without getting to specific, I am in the line of work where i have seen warrants issued for people who have written bad checks.  I myself, bounced a check and had the state attorneys office after me.  I had to pay back the amount of check and a small amount over that for a penalty. I also had to attended an all day "meeting" about how bad it is to write out a check that may not clear your account (silly me, after getting slammed by 4 hurricanes in less than 2 months, I forgot about a 20 dollar check i wrote to the local home supply store).  My point is, how much can this check be?  I know that out of sheer principle you don't want to pay it but believe me, it may be worth it in the long run.  I, personally, could've lost my job if my employer found out.

That's just my take on things.

[Anonymous]

I would think a check would fall into the category of a promissory note and can be turned over to cllections.  The only verification they can provide is a copy of said check with the return info.  If it is with collections, I believe it can be put on to a credit report just like anything else though bad cheks only stay on the check report for 5 years, but that is true even if paid.

I would find out the SOL and if the company is not willing to provide the proof of the debt (which they should have) I would definitely question it.  If its pizza hut, how much can it be? I really wouldn't take a chance with my credit report on this matter.  While you're at it, you may want to find out the SOL on criminal charges through your local Sherrif's department. If it goes that far not only will you have to pay the check but court costs and collection costs.

[Anonymous]

Thanks for the advice.  I think I am going to pay it, just to get them off of my back.  It would really wreck my life to have to go to jail for such a thing.  The total cost is $126 after all of the fees.  They are willing to settle for $72 (this is for a $33 check).

[SmartCookie]

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monro411 wrote:

Thanks for the advice.  I think I am going to pay it, just to get them off of my back.  It would really wreck my life to have to go to jail for such a thing.  The total cost is $126 after all of the fees.  They are willing to settle for $72 (this is for a $33 check).

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I would just make sure to write an agreement with them anyway saying you are disputing it but paying it anyway etc.  For $72 I would definitely settle it too... not worth getting arrested as that will always be on your record.... and I don't think you can get a lawyer to settle it for under that amount anyway!

I don't understand why a bank would not have records from 2 years ago though...

Glad you can get this settled  

[Anonymous]

You definitely need to take care of this as soon as possible.

In Texas (and elsewhere, I'm sure), theft by check under $500 is a class b misdemeanor.  That means you won't get jail time (unless it is a persistent, continuing problem), but you can have substantial fines.  But the worst part is that the theft by check will stay on your record forever.  This could prevent you from getting a job or from serving on a grand jury.    (FYI - if you have a theft by check over $500, that's a class a misdemeanor and can include jail time.)  In addition, any conviction for theft by check is considered a crime of moral turpitude and can prevent you from getting licensing in your state to practice law, medicine, or accounting (among other professions).  This is a very serious matter.

Also, once the matter reaches a district attorney's office, you may not be able to get this warrant removed from your record.  (You know, all those questions about "have you ever been arrested"....applies to misdemeanors as well as felonies on background checks and if you're pulled over by the police for a traffic stop.)

You need to take care of this BEFORE they find an address on you where they can serve you with papers.  Companies do this because once they file in court, the court becomes the collection agency.

Take care of this now, but be sure that you get receipts and keep all of your copies FOREVER.  This is one of those things that can pop up in 20 years and you'll need an explanation.

I know, it sounds ridiculous for a small check and under the circumstances, but this is one law where the proprietor of the store holds all of the cards.  It's one of the prices we pay for a free market economy.

Good luck.

Message Edited by hopeful on 10-18-2007 08:51 AM

Message Edited by hopeful on 10-18-2007 08:53 AM

Message Edited by hopeful on 10-18-2007 08:56 AM

[Anonymous]

I live in NC now and had the Sheriff come to my home with a Warrent for a check that was 10+ yrs old and I could prove that when the Check was wrote I did not even live here I lived in MN at the time and that account had been close for about a yr prior to it being writen. I found out from the Magistate that there is a 2ys SOL on bad checks here and I could not be have charges for that and they could no longer collect on it. I called the 2 stores they were writen on and no one could find a copy of the checks. I did not pay them. The way people are now adays I would make sure it is lagit and get a copy of the check some how. They can not prosacute (spelling sorry) without having proof, and if you send them a letter requesting that proof and they fail you can always take that to court with you if you have to go.

Thanks,

Debbie )

[Anonymous]

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nikkoslilmouse wrote:

I live in NC now and had the Sheriff come to my home with a Warrent for a check that was 10+ yrs old and I could prove that when the Check was wrote I did not even live here I lived in MN at the time and that account had been close for about a yr prior to it being writen. I found out from the Magistate that there is a 2ys SOL on bad checks here and I could not be have charges for that and they could no longer collect on it. I called the 2 stores they were writen on and no one could find a copy of the checks. I did not pay them. The way people are now adays I would make sure it is lagit and get a copy of the check some how. They can not prosacute (spelling sorry) without having proof, and if you send them a letter requesting that proof and they fail you can always take that to court with you if you have to go.

Thanks,

Debbie )

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I contacted my counties prosecutors office that specializes in bad checks and they said there is nothing on file on me having wrote out any bad checks.  She said that they are also past the SOL for my area.  She said that it may be a scam trying to get money out of me.  My only worry is if it is not a scam, will they put this on my credit report.