Legal Question in Credit and Debt Law in Florida

worthless/NSF

I wanted to know if someone writes a NSF, unintentionally and does not hear about until 3 almost 4 yrs later can they get into trouble...The company the check was written to has no record and said all NSF's get transferred to an agency, then that agency was contacted and have no record under the DL or SS...However another collection agency now has the debt and is making accusations that the person can have and arrest warrant issued... Not to mention this new agency says the amt. of the check was written for is higher then any amt. ever spent at the original company... Is this legal?


Asked on 1/20/03, 3:26 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: worthless/NSF

If there was no intent to defraud there is no crime. Florida has a 5 year statute of limitations. If the debt was valid you can still be sued civilly.

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Answered on 1/20/03, 5:33 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: worthless/NSF

If there was no intent to commit a criminal act, then all you face is a civil claim. The threats you are receiving are violations of the FDCPA. As a result you may have a claim against the collector and agency. Moreover, the likelihood of suit is remote, because there is no evidence to establish the necessary allegations. I suggest you consult with competent counsel at the soonest practical time.

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Answered on 1/20/03, 7:04 pm


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