Legal Question in Credit and Debt Law in California

collection on personal check -- falsely acquired/cancelled check -- can I be pen

I'm in collections for a check that was extorted from me

by a former roommate, for entrance to the home that I

lived in, and my keys, after locking myself out for a

night. I should have called the police instead of writing

him a check and then cancelling it. I have good will

dispute with the payee and have faxed the collections

agency, which has told me this will go into litigation,

possibly in the next 10 days? The agency has not

contacted me in writing yet, even though they have all of

my information. There are issues concerning housing

agreement, as well. Can I dispute indefinitely?


Asked on 6/05/02, 12:11 am

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: collection on personal check -- falsely acquired/cancelled check -- can I be

You probably have agood case if it goes to litigation. I am assuming the amount is under $5000, so it would likely go to small claims.

I would send the agancy a detailed letter, explaining that you are disputing the "bill" and the reasons for it, that the check was extorted under durress.

They are obligated to reseach it. Generally, a collection agency does not file a lawsuit without up front money for filing fees from the claimant. Chances are, when faced with the dispute, he won't fork over any money.

Finally, if you have a good faith dispute, they cannot report you to a credit bureau until the dispute is resolved.

Read more
Answered on 6/05/02, 12:39 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California