Complaint Review: Check & Merchant Services

This is for information on Check & Merchant Services. This is a collection agency that collects and threatens on bogus checks. It appears that they have offices in Florida and New York.

This company will call and threaten criminal action on checks- paid or not paid. It appears that they received a majority of their checks from a now defunct collection agency called National Check Control that was shut down by the FTC for doing the same thing that CMS is doing. This is what to watch for.

1)their phone line is to their 'fraud' division. This is a scam as there is no fraud involved. IT is illegal and violates the FDCPA.

2)their letters fail to contain a mini miranda letting you know of your rights. You have the right to dispute the debt. I suggest you do so certified mail return receipt requested. They will ignore it of course so keep a good record.

3)they collect on paid or bogus checks. Just got an email from their latest victim in which he had proof the check was paid and they could have cared less.

4)they add on extortion fees. Like NCC and JBC, this company will add on fees they are not legally able to collect on. In the latest case they wanted $164 for a $13 paid check.

5)criminal court. They will bluster on the phone and in their letters that the case had been referred to criminal court. This is garbage. Not only are their checks beyond the statute of limitations for filing but only the original creditor can file and the OC can only do this is it is obvious the check was written to commit fraud. Nearly impossible to prove.

6)Legal action. They may threaten to sue you as NCC did yet NCC never filed a single lawsuit and neither will this company. The debt are well past the statute of limitations.

Consumers have rights. If they continue your abuse get an attorney and sue them for violations of the fdcpa i.e. fair debt collection practices act. File complaints with your states attorney general, the AG for florida, and the FTC. If this is downright fraud then file a police report on them. Some good attorneys are at this site I am NOT affiliated with - naca. This is the national association of consumer advocates or find an attorney in your area.

scott
akron, Ohio
U.S.A.