Complaint Review: Check Processing Bureau Enforcemen Division - New York New York

These are junk debt buyers who buy very old uncollectable debts like this one for less than a penny on the dollar. It is illegal for them to threaten you with prosecution. Only a prosecutor can file charges on you for a bad check, and if this was going to happen it would have already been done. NEVER speak to any collector on the phone. And NEVER discuss payments! In some states, this can validate the debt as it can be construed as admission of owing the debt. FYI..There is no such thing as "civil criminal action". That should have been your first clue that you were dealing with a moron. Civil action is a lawsuit, criminal action is putting someone in jail. Big difference. These fools are not entitled to anything. Cut off all contact.

I am pretty sure the statute of limitations has run out on this. I had the same problem and told the lady on the phone that the statute of limitations had run out. She then said that she was going to refile starting the statute time all over again. NO, the statute goes back to the original date and refiling is against federal law. She got realy upset and hung up on me. My point is, you're doing the right thing. Make them validate the debt. Then file a small claims action against them. This will drag them to court and explain to a judge why they are trying to collect on something that may or may not have happened more than seven years ago. If they can't, won't or don't show up to court then you win by default. My guess is they aren't going to show up. But first check the statute of limitations. If it's too late for them to collect just tell them to stick it. Just for fun, tell then to stick it anyway. Cheers!

I am pretty sure the statute of limitations has run out on this. I had the same problem and told the lady on the phone that the statute of limitations had run out. She then said that she was going to refile starting the statute time all over again. NO, the statute goes back to the original date and refiling is against federal law. She got realy upset and hung up on me. My point is, you're doing the right thing. Make them validate the debt. Then file a small claims action against them. This will drag them to court and explain to a judge why they are trying to collect on something that may or may not have happened more than seven years ago. If they can't, won't or don't show up to court then you win by default. My guess is they aren't going to show up. But first check the statute of limitations. If it's too late for them to collect just tell them to stick it. Just for fun, tell then to stick it anyway. Cheers!

I am pretty sure the statute of limitations has run out on this. I had the same problem and told the lady on the phone that the statute of limitations had run out. She then said that she was going to refile starting the statute time all over again. NO, the statute goes back to the original date and refiling is against federal law. She got realy upset and hung up on me. My point is, you're doing the right thing. Make them validate the debt. Then file a small claims action against them. This will drag them to court and explain to a judge why they are trying to collect on something that may or may not have happened more than seven years ago. If they can't, won't or don't show up to court then you win by default. My guess is they aren't going to show up. But first check the statute of limitations. If it's too late for them to collect just tell them to stick it. Just for fun, tell then to stick it anyway. Cheers!

I am pretty sure the statute of limitations has run out on this. I had the same problem and told the lady on the phone that the statute of limitations had run out. She then said that she was going to refile starting the statute time all over again. NO, the statute goes back to the original date and refiling is against federal law. She got realy upset and hung up on me. My point is, you're doing the right thing. Make them validate the debt. Then file a small claims action against them. This will drag them to court and explain to a judge why they are trying to collect on something that may or may not have happened more than seven years ago. If they can't, won't or don't show up to court then you win by default. My guess is they aren't going to show up. But first check the statute of limitations. If it's too late for them to collect just tell them to stick it. Just for fun, tell then to stick it anyway. Cheers!

Sherry--Don't ever deal with collection agencies on the phone, unless you can legally tape record the conversation without notification; some states permit recording of phone calls without the other caller's permission. Demand from the collection agency a 'verification of debt', in writing, sent to the agency certified mail, with return receipt requested, asking them for a copy of the supposed bounced check. They have to verify debt by Federal law. If they don't, they are in violation of the FDCPA, and you have a court case. Make sure that the verification of debt is proof beyond a doubt that you are responsible for the debt. There are a lot of shady collection agencies in New York that enjoy preying on innocent people; always, always, ALWAYS get verification of debt, and don't let a "Statement of Account" suffice for verification of debt. Demand from them a copy of this supposed check. They have to produce it. Good luck!