Legal Question in Credit and Debt Law in Maryland

alleged bounced check

I have received many calls from a legal group ''claiming'' that I owe $8.49 for a bounced check which was written to a now bankrupt store on a bank account I had years ago.I have never received a notice, nothing in writing, but these calls keep coming to my mom's house and phone number although I have told them I do not owe this check.They state it was written in 1998 or 1999 and the amount they are asking for is $45.00.I have no intention of sending any money to someone just because they ''say'' I owe this. What is my recourse. Thank you.


Asked on 4/02/04, 12:43 pm

3 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: alleged bounced check

You should report this matter to the Attorney General for a suspected fraud racket (albeit they are underfunded). A letter should be sent to this alleged creditor informing them that you are taking action under a fraudulent collection scheme. If you or anyone else should have such a claim, then collective action could potentially be made through a class action. Consult an attorney should any notation appear on you credit report.

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Answered on 4/05/04, 9:01 pm
Carolyn Gilden Krohn Law Offices of Carolyn Gilden Krohn

Re: alleged bounced check

Is this "debt" showing up on your credit report? If not, then I would WRITE them (not call) and tell them that you dispute the debt and you want all records they have on it. Tell them that if they fail to respond to your reqest you will pursue all remedies available to you under the Fair Debt Collection Practices Act. You may wish to mention in the letter to them that in any event more than three years has passed and the time to collect the debt (which you do not owe) has passed. If they sue you, you will probably win on the defense of the three-year statute of limitations. Good luck!

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Answered on 4/03/04, 8:21 am
Carolyn Gilden Krohn Law Offices of Carolyn Gilden Krohn

Re: alleged bounced check

P.S.:

After you send the letter to them, follow it up with phone calls to the person in charge of the account and dog them until they either go away or give you what you want.

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Answered on 4/03/04, 8:22 am


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