Legal Question in Credit and Debt Law in Iowa

Checks

I am hoping that you can help me or direct me on what to do.

Apparently in Jan 2003 I bounced a check at Kwik Star where I live.

I never heard anything from anyone regarding this and still to do this day I write checks at the place they claimed I bounced a check?

I contacted my bank as I was never notified of this until about 3 months ago (which I find very odd). They do not have any record of it.

I have been receiving calls from an out of state attorney�s office telling me they are taking me to court If I don�t pay this right now.

I have never even had a traffic violation let alone anything criminal. I was getting nervous so I went ahead and sent them $5.00 to get them off my back.

I have requested a copy of the bounced checks that they claim that they have and they refuse to give them to me. They told me to take it up with my bank so again I did and they tell me they don�t have record of it and they can not help me. They are now calling me at work and I have asked them to please quit calling me at work. They still call.

So here I am, can you help me? All I want is to make sure that they are in deed mine and I don�t want to go to court. Also they said the 1 check is $40.00 and they are going to charge $170.00.


Asked on 5/06/05, 9:37 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: Checks

This sounds like fun. If even a portion of what you say is correct, there appear to be several violations of the Fair Debt Collection Practices Act. If your bank has no record of a bounced check, then you did not bounce a check. These folks need a serious spanking, and if you'd like some assistance, I would be happy to help.

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Answered on 5/06/05, 11:33 am


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