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 13 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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