Legal Question in Credit and Debt Law in New York

Bounced Check

I received a letter from a legal group regarding a check that they say I bounced about 5 years ago. The company that they are claiming I bounced the check with is no longer in business - they filed bankrupcy 3 years ago. When I contacted them for further information - copy of check, copy of certified letter regarding the check, they told me to just pay it or they would take me to court. I wrote them a letter again telling them I wanted proof of the check. I have received a second letter from them now saying that I owe them $506 - the letter says twice the amount of face value or $400 - the lesser of the two. I am greatly confused about what I should do now. I feel like they are just try to scare me into paying something that I do not really owe. I am now sending them a new letter with the old letter certified mail to make sure they receive my response - what else can I do?


Asked on 5/04/04, 2:56 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Bounced Check

You're in the right. Do not pay them ANYTHING. Send them a certified letter (RETURN RECEIPT REQUESTED)that states that unless they can provide PROOF that there is a debt owing to an existing corporation IN WRITING, you demand they CEASE AND DESIST from further collection efforts. If they continue after you send that, SEND ANOTHER LETTER JUST LIKE THEF IRST ONE ALSO CERTIFIED RRR. IF they ignore that you have grounds to sue them under the federal fair debt collection practices act and pocket the $1000 penalty they'll have to pay. Keep all your letters and whatever you receive from them...call me if you need further assistance...including suing these jerks...

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Answered on 5/04/04, 5:33 pm


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