Legal Question in Credit and Debt Law in Florida
My ex, who is currently in jail, wrote bad checks out of our joint account last year. I paid the bank off, closed the account, and thought everything was over. However, his parents are now getting mail addressed to both of us from a collection agency regarding the checks. Apparently what I paid off were the bank fees not the actual checks. So now the collection agency wants me to pay the checks, but they also added over $200 in collection fees. Am I responsible for this? I didn't sign the checks, and the account they were written out of is closed and completely paid off. I told them I would pay the original amount just to get it over with but they refused and "demanded" that I overnight a money order for the full amount. Then when I didn't overnight the money they called me back and said if the money wasn't there by the 5th they were going forward legally but wouldn't tell me what that meant. All he would say is "we'll be forced to move forward legally." So any advice would be appreciated. Thanks!!
3 Answers from Attorneys
Sounds like the collection agency intends to tell the bank to refer your account to a collection attorney. You are responsible for the checks your ex wrote, because it was a joint account. If the account gets referred to an attorney, you'll know. Meanwhile, this incident may be affecting your credit.
they may go for a judgment against you. I suggest you contact the people you wrote the checks to - go by and pay and have them drop the collection agency from coming after you. there is probably just the one who whats their money and you can work with them on this.
You made a good offer to settle the matter. The collection company is just using scare tactics to try to get more money from you. See if the bank will settle out with you for the orginal bill and, if they do, have them give you a release of the debt and promise to withdraw any bad marks on your credit reporting in writing.
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