NATIONs RECOVERY CENTER, Atlanta GA

[TryingVeryHard]

My friend is currently in a big financial distress. She has been fooled and gave in to the debt collector’s demand of issuing a post dated check via telephone. She was so surprised that the debt collectors attempted to cash in the check without notice to her and with higher amount that she previously allowed.

The bank imposed fees and ended up closing her checking account. Now the CA called with a different name something that sounds like “Fraud Department” claiming that they are INTERNAL COLLECTOR of the CA who accepted the first check. The name of the company is Nations Recovery Atlanta.

She said that my friend attempted to pay the debt using a closed bank account and gave “us” the threat that she will be sued for issuing bad check. I was allowed to speak to this collector because she just don’t know what to do and say to them.
After review I have learned that they cannot sue my friend without first following our state statutes. Our Connecticut State Statues list requirements before someone will be eligible to get damages related to bouncing check.

I am also thinking that post dated check may not be covered by the laws related to “bounced check”

Under Section 53a-128 of the Penal Code of the Connecticut General Statutes, an issuer of a bad check is presumed to know that the check or order, other than a postdated check or order, would not be paid, if: (1) the issuer had no account with the drawee at the time the check or order was issued; or (2) payment was refused by the drawee for insufficient funds upon presentation within thirty days after issue and the issuer failed to make good within eight days after receiving notice of such refusal.

Please advice me how I can better help my friend. This account originates from an OLD VICTORIA SECRET ACCOUNT and was bought by a DEBT COLLECTOR. I believe it is still within the SOL.

Thank you all for the help and I do apologize for being to verbose.

My plan right now is to get them into violating more and more of my friends right enough so my friend can sue or settle them instead. My friend is not trying to avoid this account but she really was very upset, disappointed and nearly crying because of being told of the possible lawsuit!

[Anonymous]

FDCPA- also covers post dated checks-  I hope she recored the conversation -

§ 808. Unfair practices
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limit-ing the general application of the foregoing, the following conduct is a violation of this section:

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

[TryingVeryHard]

She is not aware of her rights.

[Anonymous]

The same as occured to me. I got suckered into agreeing on a $20.00 per month payment. They took $35.00 per month. When I called them they told me that they have a $15.00 fee. I never agreed with the fee. Everytime I talk to them, i get someone who is very rude. They all sound the same, and they all are rude.

WHATEEVER YOU DO. DONT DEAL WITH THEM. THIS COMPANY SHOULD BE SHUT DOWN. THEY ARE CROOKS.

I write this to you as a WARNING. These people are bad and should be shut down. I had them fax an agreement with me that does not state a $15.00 fee everymonth. I am going to close my bank acount and if they come after me I will do my best to fight them.

BAD COMPANY, STAY AWAY, DO NOT DO BUSINESS WITH THEM.