Legal Question in Credit and Debt Law in California

Bad Check Notice from Alameda County District Attorney's Office

I received a notice from a debt collector in early September, trying to collect on a bad check written by me in June 2006. I paid their requested amount by cashier's check thru my e-time banker on September 20, 2006. The debt collector never cashed the check, and this matter was sent to the District Attorney's office, who sent me their first notice on Oct. 12. I thought my check had just crossed in the mail and I waited another 2 weeks. At this time I received another notice from the DA's office stating they were going to take criminal action if I did not pay their new total (3 times the original amount).

I sent an explanation with copies of all documention, including a copy of my bank statement showing proof of payment. They immediately sent back a notice saying they could not close the case, as I did not pay within the time allotted (by Oct. 11). This was wrong, of course, and I sent them proof of that.

I have asked my bank to send me a letter with proof of the payment, and I am awaiting that.

Do I need an attorney???

Thank you.

1 Answer from Attorneys

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