Steve
Bradenton,#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.