Legal Question in Credit and Debt Law in Indiana

Forged Checks

Are you obligated to pay a collection agency money for bad checks that were stolen? I had my purse stolen and immediaty reported it to the police and my bank. Now a business (the store where they had written a check for $300) has a collection agency which is saying that even though they aare aware that the checks were fraudulent, I owe them the $300.Do I?


Asked on 12/09/03, 2:23 pm

2 Answers from Attorneys

Eric Southward Southward & Haggard

Re: Forged Checks

The fact that the checks were reported stolen, that is a defense to owing the money, but you are going to have to take actions to resolve. You should have a police report number for the theft and your bank "should have" stopped payment on all the checks that were in your purse. Try sending that info to the coll. agency and original creditor and write a letter explaining it. Also, get a copy of the check from them - it will have a signature on there. You should be able to show it's not your signature. But again - you have to resolve this. Don't rely on them and do something about it. If you don;t, you may find yourself being sued on it. Finally - they have reported this to a credit bureau, so if you resolve it in your favor, make sure that negative entry is corrected.

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Answered on 12/09/03, 3:06 pm
C. David DuMond Law Offices of David DuMond

Re: Forged Checks

Absolutely not! You do not owe the money on stolen checks. Since the merchant or their collector acknowledges that the checks were fraudulent, I think you should contact the Indiana Attorney General Consumer Protection Division to make a complaint. Here is that link:

http://www.in.gov/attorneygeneral/consumer/onlineform.htm. These are rude barbarians, and if they have damaged your credit rating by reporting the bad check, then they should be sued for libel. Feel free to tell them so.

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Answered on 12/09/03, 5:04 pm


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