Attempted collection after bounced check SOL

[masscredit]

I had a check that bounced when I closed my business at the end of 2009. I believe there was an accounting issue that put the account under the amount to cover the check and the bank let it go though instead of refusing it. There was no overdraft protection. I didn't have the money to cover when I found out so it was what it was. Yesterday I received a letter from a collection agency that says the balance remains unresolved and open in their system. And then the usually stuff about them trying to collect the debt. I did some research and found that the statue of limitations is 6 years. It's been about 6 years and 4 months. I'm probably just going to toss it aside incase I get another one. Then I'll file a complaint. 

What would you do?

[Anonymous]

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@masscredit wrote:

I had a check that bounced when I closed my business at the end of 2009. I believe there was an accounting issue that put the account under the amount to cover the check and the bank let it go though instead of refusing it. There was no overdraft protection. I didn't have the money to cover when I found out so it was what it was. Yesterday I received a letter from a collection agency that says the balance remains unresolved and open in their system. And then the usually stuff about them trying to collect the debt. I did some research and found that the statue of limitations is 6 years. It's been about 6 years and 4 months. I'm probably just going to toss it aside incase I get another one. Then I'll file a complaint. 

What would you do?

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I'd offer a token settlement to keep it from showing up on my reports. In most states they CAN legally keep trying to collect it past SOL, they just can't prevail in court if you bring up an SOL defense.

[masscredit]

I think they have missed the boat with this one, That letter might have just been generated by their computer. It's the first time I've seen something from them.

[RobertEG]

Personally, I would pay it.

You seem to acknowledge its legitimacy.

You still have an uresolved bad debt, and they can still puruse collection, just without the ability to pursue a judgment.

I would want to bury any issues regarding a bounced check that might still arise.

[masscredit]

I opened new accounts with that bank again two years ago. They didn't say anything about it. I presume the debt was sold to a collection agency that is trying to make some money on it. 

[Anonymous]

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@masscredit wrote:

I opened new accounts with that bank again two years ago. They didn't say anything about it. I presume the debt was sold to a collection agency that is trying to make some money on it. 

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Regardless, they can still hit your credit reports with it. And if the OC never reported it, and they are unable to obtain a DoFD from the OC, legally they can "estimate" the DoFD - typically such estimates are the month prior to their purchase of the debt. Just something you need to consider.

[masscredit]

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@Anonymous wrote:

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@masscredit wrote:

I opened new accounts with that bank again two years ago. They didn't say anything about it. I presume the debt was sold to a collection agency that is trying to make some money on it. 

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Regardless, they can still hit your credit reports with it. And if the OC never reported it, and they are unable to obtain a DoFD from the OC, legally they can "estimate" the DoFD - typically such estimates are the month prior to their purchase of the debt. Just something you need to consider.

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Wouldn't they have to produce a copy of the check if I request it?  That would show that it's past the SOL and also the DoFD. 

If they don't have to produce a copy of the check, that tells me that a collection agency can go after anyone without having proof to back up their claim. 

[RobertEG]

If you dispute the accuracy of the reporting, they are required to conduct a reasonable investigation and report their finding.

They are not requred to prove the matter unless you bring civil action and request the evidence via discovery.

If they, in fact, verify without any reasonable basis, they do so under peril if the consumer gets the matter before the court.

You can, if you contest the matter, file civil action and compel production of all evidence in court.

The post does not appear to contest the accuracy of the matter.

A dispute must assert an actual inaccuracy, and provide adequate basis to enable a reasonable investigation of how the reporting is inaccurate.

I dont see that  dispute is appropriate based on the apparent factual accuracy of the matter.

[Anonymous]

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@masscredit wrote:

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@Anonymous wrote:

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@masscredit wrote:

I opened new accounts with that bank again two years ago. They didn't say anything about it. I presume the debt was sold to a collection agency that is trying to make some money on it. 

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Regardless, they can still hit your credit reports with it. And if the OC never reported it, and they are unable to obtain a DoFD from the OC, legally they can "estimate" the DoFD - typically such estimates are the month prior to their purchase of the debt. Just something you need to consider.

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Wouldn't they have to produce a copy of the check if I request it?  That would show that it's past the SOL and also the DoFD. 

If they don't have to produce a copy of the check, that tells me that a collection agency can go after anyone without having proof to back up their claim. 

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Not as far as reporting it, they really need not show any "proof" before doing so. You can request a Debt Validation, if its within 30 days of their initial contact with you, and they cannot report it until they validate. However the legal bar for Debt Validation is pretty low. No signifcant "proofs" are required - as RobertEG said, proof is a thing for a courtroom.