Legal Question in Credit and Debt Law in Florida

NSF Fee for a check that cleared the bank

We are receiving harassing phone calls from a company who wants to charge us $25.00 for a NSF fee on a check that cleared the bank.

The check/payment was made online and did not go through the first time it was presented. HOWEVER, the company the payment was made to resubmitted the check and it cleared just fine.

A collection agency has started calling our house saying we owe a $25.00 fee to them - the statement is ''the check was dishonored by our bank and electronically represented for payment by our client, the service charge related to the dishonor is currently due and payable''.

Can they make us pay a fee for a check that cleared?

Thanks.


Asked on 2/21/06, 6:30 pm

1 Answer from Attorneys
Samira Ghazal Ghazal & Gomez, P. A.

Re: NSF Fee for a check that cleared the bank

A debt collector must provide you proof of the validity of the debt. That means did anybody really pay the $25.00? Who? When?

Always when contacting a debt collector do so in writing and by certified mail/return receip. I have questions for you -- like are you getting letters from them? What do they say? If so, keep the envelope as there are may be additional violations. Please visit my web page www.FLORIDACREDITLAWYER.com for more information about your rights against debt collection agencies -- look under "articles". Call my office, free of charge, with any questions.

Samira Ghazal, ESQ.

For the Firm

Ghazal & Gomez, PA

305.860.1221

Read more
Answered on 2/21/06, 8:54 pm


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