Bad Check Limitations???

[Talk2BigSteve]

I just got a letter in the mail today saying that I have a bad check and to call a number.

I am quite suspicious because I don't have bad checks. I give the woman my name and phone number, and she says that I have a bad check that I wrote to an H.E.B for 47.84.

There are no H.E.B. grocery stores in Mississippi.

I asked when was this check written and she said March 11th 1998.

Almost 8 years ago!

Is there any limitations on something like this, or should I just send them a money order for $92.84 (Check + $45 fee)???

Big Steve /images/graemlins/cool.gif

EDIT...

Crap I left out some stuff.

It was when I lived in Texas, there are H.E.B. stores there, and she did have my Texas DL number.

The only thing is I don't have my check books from 8 years ago.

But I am sure that this is legit.

Big Steve /images/graemlins/cool.gif

[jedi]

[ QUOTE ]
I just got a letter in the mail today saying that I have a bad check and to call a number.

I am quite suspicious because I don't have bad checks. I give the woman my name and phone number, and she says that I have a bad check that I wrote to an H.E.B for 47.84.

There are no H.E.B. grocery stores in Mississippi.

I asked when was this check written and she said March 11th 1998.

Almost 8 years ago!

Is there any limitations on something like this, or should I just send them a money order for $92.84 (Check + $45 fee)???

Big Steve /images/graemlins/cool.gif

[/ QUOTE ]

Sounds like a scam, but you probably knew that already.

[MrMon]

Sounds awfully similar to this (http://consumeraffairs.com/news03/check.html).

You might want to check with the FTC.

[swede123]

Write a check for the amount you owe, and have it bounce. This way it won't really be an issue until 2013 or something.

Swede

[MrMon]

A quick Google check indicated that for under $150, most states seem to have a statute of limitations of 2 years. Some are 1 year, some 3, but there's no way a 1998 check has any validity.

Forward your letter to the FTC. It's blatant fraud.

[dcasper70]

Have them fax you a copy of the check.

They won't if it's a scam.
If they do send it, you can forward it to your bank and have them research it.

[BradleyT]

It's not fraud. Any agency can try to collect a debt any amount of years past the SOL for collecting debts. Try is the keyword. They cannot win in court if you use the SOL as your defence (and if you mention that when they say the will sue it will never get that far).

Bigsteve - send them a letter stating that they may only communicate with you in writing. After that you'll probably never hear anything from them again since it's such a small debt. Never talk to them on the phone - make all communications happen in writing. And get a delivery receipt for your letter (may cost $1-2 but it's proof they received it).



FDCPA Section 805(c)


"(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt."