Legal Question in Credit and Debt Law in Illinois
dishonered check
I did 2 over the phone checks to a collection agency the first one cleared but the second one did not due to a mistake in my account. The collection agency now has called me at work and says that if I dont send a western union quick payment by tommorrow at 5:00 they will serve me papers at my job. Im wanting to know if this means I will be arrested for deceptive practice.
1 Answer from Attorneys
Re: dishonered check
Probably not. Although knowingly writing a check with insufficient funds is a crime, it would have to be investigated by a governmental authority, i.e., the State's Attorney's office (of the county with jurisdiction over the matter). Moreover, this would serve little use to the collection agency, which only wants money. Moreover, if you are not working, there is less of a chance that the collection agency can collect.
Thus, when the collection agency threatened to "serve papers," they were probably in the nature of a civil lawsuit for collection of the debt.
-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo
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