Msclem
Norcross,#2Author of original report
Fri, April 11, 2008
If you read what i wrote you would see that i do know the FDCPA, my question was about the bad check and jail time....thaaaanks!!!!!
Robert
Buffalo,#3Consumer Comment
Thu, April 10, 2008
You can be prosecuted and if found guilty, be sent to jail for a time for deliberately writing a bad check. Don't panic - it's hard to prove intent, and most courts will not impose jail time for a first offender if it's a small amount- usually restitution and perhaps some hours of community service. This is what most PAYDAY loan outfits do. They want a post-dated check on hand for when the loan is due. Then, if the check isn't any good, they threaten with prosecution for a bad check (NOT a bad debt.) Many states have outlawed such loans and when they are legal, there are specific requirements for the amount and how far into the future the check may be post-dated. A debt collector (as you claim) should already know what can and cannot be done legally. I suspect you won't find much sympathy on this site, considering all the reports of the illegal activities of third party debt collectors. If you don't know how to force them to validate the debt and you have documentation to prove what you already have paid, then you should read the Fair Debt Collection Practices Act. I'm sure you employer has a copy laying around some where - probably lining a cat litter box.
Steve
Bradenton,#4Consumer Comment
Thu, April 10, 2008
As a collector, you should know the law. Therefore, you should not be on here asking that stupid question. Have you had any training at all? You CANNOT go to jail for a bad debt. Even the threat or implication of jailtime by a collector is illegal. Common sense here.