Legal Question in Credit and Debt Law in Virginia

Bounced check from 1999

I just recently received a letter from an attorney (collection company) stating that I owe $200 for a $30 bounced check that I was unaware of from 1999. I had closed my bank account and was unaware there were any checks that hadnt cleared. And I moved 2 times since then. Then I got the letter and I called them to see what it was about and I said I will pay the $30 and the returned check fee but I am not paying your ridiculous amount, since I had not been contacted before how was I suppose to know about it and pay it. They said we sent you a letter but it got returned saying you didnt live there anymore, so I said how is that my fault. So I guess my question is...am I required to pay their fee if I was unaware of this debt, or can I just pay the amount of the check and the returned check fee? Please Help!!!

katie


Asked on 8/27/03, 11:44 am

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Bounced check from 1999

first, you didn't indicate whether they've gotten a judgment against you already, and that would make a difference. but either way, send the collection agent / lawyer a "demand for verification"; state that you deny the debt and demand that they supply you with copies of all their documentation in support thereof. you must mail the demand within 30 days of receipt of the debt collectors' first attempt to collect from you. they are required to cease any attempts to collect until they comply, and if they don't comply, they may be liable to you for the entire amount + your attorneys' fees.

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Answered on 8/27/03, 3:46 pm


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