Does a bad check sent to a debt collector get sent to prosecuting attorney if not paid?

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Does a bad check sent to a debt collector get sent to prosecuting attorney if not paid?

My check bounced at a casino in MI for $1500; it was written 5 months ago. It’s now at a debt collection agency have tried to make payments but they won’t let me. They said that if it’s not paid by in 3 days they are turning it into the state and I will be charged.

Asked on September 16, 2011 under Bankruptcy Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In most states in this country there are statutory penalties for writing a check that fails to clear for insufficient funds. In California, the penalty is the amount of the check and three times its amount up to a total of five-hundred dollars ($500.00).

Liekwise, in all states it is illegal for someone to threaten a criminal action to extract leverage against someone in a civil action. This is apparently what the debt collection company is trying to do. Such a threat can be considered an unfair debt collection practice under state and federal law depending upon the statutes of a given state.

A bad check sent to a debt collector does not get sent to the district attorney's office of a given county if not paid. The district attorney's office is not a debt collection agency.

I suggest you consult with an attorney about a possible claim against the third party debt collection agency for unfair debt collection practices.

Good luck.


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