Bad Check
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Posted by Iceman (206.171.24.10) on January 31, 2003 at 13:09:55:
I live in California, which has a 3x face value for bad check not resolved timely. Last May I apparently had a bad check at a store. For some unexplainalbe reason I never received any notification from my bank, the store, or the collector eventually assigned to it. I had closed the bank acct. around that time due to losing my checkbook. First I heard of it was when collector called in September, wanting treble damages. They didn't tell me the check # or amount. Went back to the store, they showed no bad checks. Collector said they would resolve it with the store. Now, January, 2003, item is showing on credit report, and collector again calling. Store was finally able to dig back in records and told me the check # and amount, but said I had to call collector to resolve. I called collector yesterday, he said he could not waive the California treble penalty by law. Does not seem fair to the consumer who isn't made aware of it until too late to resolve with just the normal service charge. Collector also tried the usual game of saying it would have to be paid today or else, then finally getting frustrated with my insistence on this being unfair and hung up on me even though I offered a partial payment.
Questions:
o Any recourse for consumer to override this penalty?
o Collector is part of company run by an attorney. Is the attorney himself liable for rude, threatening behavior by his people?
Any other thoughts?
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