Legal Question in Credit and Debt Law in New York

credit debt

I owe on an old credit card I have paid 1600.00 of the 2200.00 I did a check by phone and it bounced. I was scared into the check by phone I might add.I am told by the firm on the other end of the phone I have to abide by the law in his state. He is threatning to take me to jail. I have paid the check, but I do not have a job and the amount he is asking is out of my means


Asked on 8/10/05, 5:33 pm

2 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: credit debt

Threats are wonderful things.....it is possile that you can prosecuted..but highly unlikely. Just keep sending whatever you can until the debt is paid off....even if is piencemeal..and send it buy check so that you have a record and send it with the account number on the check and keeop them to gether in a separate place. I would also send the money to the entity that you owe the money to.

Good Luck

RRG

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Answered on 8/10/05, 5:45 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: credit debt

This is not something for you to lose sleep over. You are not going to jail. (Unless of course, you knew the check was bad and you have done this many times before,.) One bounced check will not get a District Attorney on your tail. They are busy with real crimes.

As an aside, if this threat was made in writing then the debt collector has violated the law and can get into real trouble. The Fair Debt Collections Act will enable you to sue them for money!

If they do not have a judgment and the debt is 7 or more years old, then they need something in writing to 'revive' the debt and your bad check qualifies. It sounds like the check was a windfall for them and they should not be yelling and threatening you.

The bottom line is: they have 7 years since you sent the bad check to collect the debt. they can seize your bank accounts and take money from your paycheck. but they cannot put you in jail for 1 bad check.

Ask about a 'negotiated settlement'. Tell them you can pay 100 per month or 1500 or so in a lump payment and then, if they accept, get the agreement in writing and get the 1500 somehow!

Good luck.

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Answered on 8/11/05, 3:22 pm


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