Paul Stassinos, Law Offices Trying to collect charges using Civil Code 1719 Modesto California
California Civil Code 1719 states A person writing an NSF check is liable for treble damages under California Civil Code Section 1719 unless that person pays the face amount of the check, the service charge, and the cost of mailing a written demand by certified mail within 30 days of mailing of the notice. The treble damages shall not be less than $100.00 nor more than $1,500.00.
With this being said- I recieved a phone call from this office about a check that I wrote and was returned when the back had put a hold on funds I just deposited. I called their office and told them about the debt since that is where I was directed to call. I was informed that they hadn't recieved my file yet but proceeded to give me the address to mail payment. I decided I wasn't going to mail the payment until I recieved a notice to be sure my payment was credited properly. Approx 1 month later I recieve a call from them asking about the debt. I told them I had forgotten about it and I would make a payment that day or the next and ask them to send me something requesting payment. Once again, I never recieved a letter.
Due to an identity theft I had, again, I chose to recieve the letter prior to just "paying someone who just called me". I waited for the letter, again, nothing. Then yesterday I get this call demanding payment or else they were going to prosecute me and take me to court. I finally decided I would take their info, call them back CONFIRM they were who they said they were and pay the debt, but the amount he told me was $456.68 when the check I wrote was for only $114.17. When I said I didn't have that kind of money nor would I pay it unless I knew what it was, I was informed that these were "Treble" charges for not honoring my check. I decided to take his number and call back. When I did, a lady told me that they sent me a certified letter giving me 30 days to pay or else these charges would be added and it was sent on May 21, 2007. I told her I never recieved the letter and asked her to confirm the date recieved and who signed for it. She looked it up in my file and told me the letter was sent back to them.
How can they charge me Treble charges when she even confirmed I didn't recieve their certifed letter.
Conviniently , just today I recieved a demand letter from them. They not only didn't confirm reciept of the certified letter which Civil code 1719 says they must send certified and they also threatened to take me to court.
Isn't there a Class action suit against them for these type of tactics.
I was willing to pay the check no problem, but now instead I am having to dispute it, affect my credit, because I don't agree with the fact that they are charging these fees.
Any suggestions would be appreciated.....
Feeling Ripped Off
oakdale, California
U.S.A.
1 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Suggestion for "feeling ripped off", you ARE being ripped off!
#2Consumer Suggestion
Thu, June 28, 2007
Dear ripped off,
First of all, in CA when a bad check is being collected, they must make up their mind whether they want the state involved or whether they want to turn it over to collections. I have dealt with bad check situations in CA. Every county in CA has a bad check division through the District Attorney's Office.
Under CA law, upon first contact they can ONLY demand payment of the face amount of the check AND a $25 service charge. That's it. Under that same law, they MUST send you a "courtesy notice" by certified mail, return reciept requested, AND wait 10 days from the date you sign for the letter to take further action.
Here's the kicker, they CANNOT prosecute you for a bad check in CA unless they follow this procedure to the letter! AND, if they do follow this procedure to prosecute you, they CANNOT collect on this themselves in any manner or turn it over to collections! It is one way or the other, not both!
IF you get prosecuted, AND convicted under that statute, the JUDGE can order damages of UP TO 3 times the amount of the check, the $25 service fee, certified mail fee,and court costs.
AND, the check must be submitted to the DA's office for prosecution within 12 months from the date it originally bounced. they MUST send the original check, or the electronic version from the bank.
Tell them to pound sand. They can't do anything to you at this point as they did not follow the law. Ignore all phone calls and letters from them now. They CANNOT prosecute now, as they chose to turn it over to collections.
Too bad, So sad.
File a Bar Association complaint against all attorneys involved for unethical behavior and harassment and go to ftc.gov and file complaints online with the FTC for the abuses from the collectors.
Also contact the DA in your county to see what your specific rights and obligations are in that county.
At this point, let them spend the time and money to sue you. Ignore everything but the summons. You can beat this easily as the lawsuit would be frivolous as you were never notified properly and given the right under the law to make good on the check with the only other cost being the $25 service fee.