What can happen if I wrote a check6 years agowhich didn’t clear and now collection agency is calling me to collect?

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What can happen if I wrote a check6 years agowhich didn’t clear and now collection agency is calling me to collect?

I wrote a check in AZ back in 2004 to a payday loan place and it didn’t clear; I now live in CA. My friend got a call from collection agency and I called them they told me I have until 2:00 pm today to clear it up. I explained I got no phone call or mail for this but they are saying they will proceed with process if I don’t resolve it by 2:00 pm it is now 11:00 am.

Asked on August 30, 2010 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, so it appears that we are passed the deadline here but I think that you need to know I think that they have stepped over the line drawn in the sand under the Fair Debt Collection Practices Act.  They are bordering on the abusive.  And you need to let them know. You also need to know that writing a bad check in Arizona can result after conviction of your having to pay twice the amount of the check or $50, whichever is greater, costs of the suit to collect and reasonable attorneys fees.  You should also know that the statute of Limitations varies here so double check the dates after you are served. Maybe you should consult with an attorney or try and settle.  Good luck. 


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