Legal Question in Credit and Debt Law in California

Returned Check

I had a returned check back in 2005 and the company i wrote the check to referred the account to a collection agency. Once i was off workers comp and back to work I had a second surgery and i was out again. When returned to work two months ago I contacted the collection agency to resolve the issue and work on paying off the debt. The agent wanted all of the money up front by a specific time and i could not meet this time. The agent has now turned this case over to an attorney who sent a registered letter to my job and PO box demanding payment and have also threatened to have me arrested at my job. I looked into the agency a litte furhter and while thier letter said the law offices of they are actually another collection agency. I do want to pay the debt but i cant pay it all at once do i have any recourse in this situation.


Asked on 11/10/08, 4:33 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Returned Check

First, a creditor cannot "put you in jail" for your failure to pay your debts. If you have that in writing, whomever sent you the letter has violated at least the Fair Debt Collection Practices Act, as well as several other State and Federal Laws. You can find out more information and report them to the Federal Trade Commission by going to www.ftc.gov and follow the links to consumer information.

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Answered on 11/10/08, 5:36 pm


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