Legal Question in Credit and Debt Law in Virginia
help regarding debt collection practices
I have a few questions regarding the practices that a collection company are doing. I have a collection with them and after a few attempt to make a settlement the collection is still outstanding. At one point they told me I had 2 days to give them funds or they would put a judgment on my credit report..I called them and told them that I have a possible source of funds but it wouldn't be available for a week. They told me to put in a check, both knowing it would come back with a fake account number and that would keep the account open. At the time I was stressed beyond belief and thought this was my only option. Once the check came back and I informed them my funds were not going to be available they are now accusing me of passing bad checks over state lines and said I will face the judge regarding this. I called the agency and asked them why they are now accusing me of this and they denied the phone call but did say there are laws against what I did. My question and issue is they told me to do this..and being in my position and scared to death I did it..How can this come back to affect me after they told me to do this? Also, after telling them not to call me at work several times, they continue to do so on a daily basis.
1 Answer from Attorneys
Re: help regarding debt collection practices
Hard to say how your action in writing a check on your account which apparently you knew had insufficient funds might affect you. However, this would seem to violate what is colloquially known as "Bad Check Law" in the Commonwealth. (There can be both
criminal as well as civil penalties involved.)
You might want to arrange for a consultation with a Virginia criminal defense counsel to discuss this matter as well as how you might deal with the unpaid debt situation which apparently continues unresolved.
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