Legal Question in Credit and Debt Law in Georgia
I received a call from a collection agency tell me I owe for a bad check written in 1999, that has been 17 years and I don't believe them but I have no way to prove it. I was told they would send me a copy of the check to my cell phone to prove I owed it. I ask from them to do that and I would contact the bank to find out why or if the check was nsf. I was told if I didn't pay now they would turn it over and it would damage my credit cards and debit cards. I told them I would not pay until I checked it out. The lady hung up when I refused to pay. One I don't believe I wrote a check that was not paid, two I filed bankruptcy in 2010, three that was 17 years ago. I am I right or I am I in trouble? That was in Alabama now I live in Georgia, and the hired someone to find my new phone.
2 Answers from Attorneys
This is a criminal scam to steal your money. It is unfortunate you didn't hang up on them, as what you say may get used to steal your identity. Even if you wrote a bad check then, it is not collectable now. Block their number and do not talk to them again.
I agree with Attorney Ashman. This is probably a scam. To collect on a bad check (assuming you wrote one), most states have procedures/programs in place for this. In the states I am familiar with, the merchant or assignee is required to send a certified letter to the debtor and demand payment before instituting suit. Moreover, as noted by Attorney Ashman, there are statutes of limitation for misdemeanors (I am assumiing that if written, a bad check would fall within misdemeanor limits). If so, the statute of limitations would certainly have expired by now.
My guess if you ignore this is that they will go away if it truly is a scam. If it is legit, they would send you written verification.
And don't assume someone was hired to find your new phone. This could easily just be a robo dialer. Did you get the name of the debt collection agency? If they call back, I would try to google the phone number and see what you find..
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