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

UPDATED: Sep 16, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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