Legal Question in Credit and Debt Law in Michigan
check-n-go
recieved a call with a few threats for nsf that was two years ago wife forgot about it i the husband didnt know about it until today italked to the very rude person to try and make a deal he said no had to have it all or she would have a criminal record have to pay all fee's,fines,court, and travel pay he siad the total was $451.00 she is unemployed and i am recovering from major sergury we have very little money if it is a debt i'm willing to work with them.what can i do if anythig thank you for your time
1 Answer from Attorneys
Re: check-n-go
The debt collector is violating the law by threatening that she will have a criminal record because this is untrue. This is a violation of federal and Michigan debt collection practices laws. It is up to the prosecutor to determine whether to pursue criminal charges for NSF and if this is a mere mistake and not a habit, then it is unlikely that the prosecutor would do so.
Ask the debt collector for their name and address. Once obtained, write to them a certified letter return receipt requested, telling him that he has violated the law and that you have a claim against him under the mentioned acts; that you dispute the debt; that you are willing to settle the matter without admitting any liability; that all further communication must be in writing; that you offer $X per month, etc.
If you have further questions or concerns, please contact me via my website at www.lawrefs.com.
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