Re: hot checks

Posted by Mel (65.162.128.178) on February 09, 2004 at 15:19:02:

In Reply to: hot checks posted by catballou on February 09, 2004 at 00:48:44:

In order to prosecute for NSF checks the DA or the victim must prove criminal intent to defraud, and/or follow specific guidelines to obtain a criminal warrant. Because this does not collect their money for them, most victims will elect to collect civily, as the damages awarded can be as much as three times the face value of the check. Additionally, it is very difficult to prove intent unless the person makes a habit of writing NSF checks, in other words they write 10 checks for large ticket items like cars or electronics and have only $0.50 in the account.

Because this is a tiresome process many people are employing the services of Telecheck and/or Check Velocity to assist in this process.

Most of the folks on these boards are victims of collection agencies who have bought uncollectable checks from agencies like Telecheck or Check Velocity and these bottom feeder collectors are just trying to make money. Nine times out of Ten these agencies do not even have the right person, and cannot even provide a copy of the check, which they are required to do before they can collect on an NSF check.

If you write an NSF check you are responsible for it, but that does not mean you are open to usurious fees from collectors, and you certainly should not have to pay a check you never wrote.

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