Legal Question in Consumer Law in California

Check Submitted for Payment almost two years from the time written

I wrote a check in August of 2006,

our truck was broken into of

November 06 and our bank accounts

were compromised. All accounts were

closed.

For several months outstanding

checks were verified and paid, so that

no checks had to be returned. We did

not have a copy of our register

so the bank was

willing to contact us every time a

check was submitted.

About 6 weeks ago I was contacted

that a check

written in 06 was returned because

it was written from an invalid

account. It is from this

same stolen account and is a check I

wrote. I have no problem paying the

vendor, however it is in the hands of

their collection agency-very rude and

ruthless and they want 3 times the

amount of the check, which is

1500.00. If I don't pay it they are

reporting me to all 3 credit agencies.

My concern is of course the 1500.00

I will pay the original amount. I told

them I could pay it with my tax

refund but that right now there was

no way I could come up with the

766.00 for the original amount. They

said ok you have till the 14th or this

is what will happen. I felt very

threatened all at the same time

shocked because I had no clue this

check was out there, what are my

rights?


Asked on 5/07/08, 5:29 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Check Submitted for Payment almost two years from the time written

You only owe that penalty if they complied with Civil Code �1719 - and if that section (and the other applicable sections) apply.

It is probably a requirement that you knowingly (or at least carelessly) bounced the check for that penalty to be applicable. If the NSF condition existed only because of theft by some 3rd party, penalties should not apply.

Plus, even if the penalty might apply, they must have given you the notice required by �1719 to have grounds to demand the extra money.

Good luck

Read more
Answered on 5/07/08, 5:39 pm


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