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PFD Backfired

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Anonymous
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PFD Backfired

I sent a PFD letter to a creditor for a couple of 2003 bad checks that I wrote.  They have written back and demanded payment within 30 days for those and two more.  Can anyone provide advice on how I should proceed?  The letter said they will not delete paid entries or negotiate a settlement.  I'm in Washington State.  Please help.
Message 1 of 15
14 REPLIES 14
Anonymous
Not applicable

Re: PFD Backfired

Check the SOL for your state. If you're past it, I would just ignore their demands, as they have no way of making you do anything and they know it. If not, still ignore it, but watch to make sure they don't try and follow up (most likely if they were going to come after you, they would have done so already).
Message 2 of 15
Anonymous
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Re: PFD Backfired

Personally, I'd hold out a little. They've made it clear they aren't interested in negotiating. They are using the usual scare tactics, knowing statistically some people will just pay out of fear of some type of action, so they'll come out of the gate heavy handed. But unless you bounced some pretty big checks they're not going to sue you. And it's already a derog on your file, paid or not. You may as well keep a bargaining chip in your pocket and try to negotiate later.
Message 3 of 15
Anonymous
Not applicable

Re: PFD Backfired

In Washington, the SOL is 6 years for bad checks. They can get $300 per check.

 

Did you get a letter from an OC or CA? If it's a CA, they have to be licensed in Washington state. Who's the CA?

Message 4 of 15
Anonymous
Not applicable

Re: PFD Backfired

I am trying to see if they are licensed in Washington.  Though both I and the merchant to whom the checks were allegedly written are in Washington, they are threatening suit under Oregon laws.  The cover letter lists four unpaid NSF items, but they have attached individual letters for each of four checks, which do not match the amounts listed on the cover letter.  They only reported two items to the CRAs, and those items match none of the items they're claiming I have outstanding.  I remember I had a short while when I was bouncing some checks back then, but I don't believe I bounced ten checks in such a short period at one grocery store.  Can anyone advise on what to do, other than just waiting it out?  If I DV, can I require they provide me a copy of the returned check?
Message 5 of 15
Anonymous
Not applicable

Re: PFD Backfired

Sorry, CA is Cascade Collectors, Inc., of Salem, OR.
Message 6 of 15
Anonymous
Not applicable

Re: PFD Backfired

Have you ever lived in Oregon? Is the merchant in Oregon? Were you at all physically in Oregon when you handed the check to the merchant? If no, no and no, then they are full of it. They would have to sue you in Washington.
 
Did they actually threaten a lawsuit in the letter they sent? If so, then I think they are in violation right now.
 
Since you now have something in writing from Cascade, DV them. They might just go FOAD.
 
Message 7 of 15
Anonymous
Not applicable

Re: PFD Backfired

FOAD?
 
I live (and lived) in Washington, and I double checked the address of the store, which is also in Washington.  The letters say that "[i]f the total sum of $[varies] is not paid with cash or money order through this office within 30 days from the date of this letter, legal action may be instituted to collect three times the amount of the check(s) as allowed under ORS 30.701."  ORS generally refers to Oregon Revised Statutes.
Message 8 of 15
Boswd
Valued Contributor

Re: PFD Backfired

One question on the DV.   I've heard that if you don't DV them within 30 days of their initial contact than that it is assumed that they debt is yours and they don't have to DV afterwards.   Is this true?
Message 9 of 15
Anonymous
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Re: PFD Backfired



@Anonymous wrote:
FOAD?





F(ornicate) Off And Die.
Message 10 of 15
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