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    jamerson229's Avatar
    jamerson229 Posts: 5, Reputation: 1
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    #1

    Aug 28, 2012, 03:37 AM
    I owe $600 dollars to a collection agency and haven't been able to work in 2 years
    I have been out of work for about 2 years due to car accident and doctors I recently got a call from a agency saying I owe like $2,500 in a debt for a check that I wrote and it cleared my bank now the check was only for $586.00 now don't I have a 4 year statue of limitations before they can actually start filing a lawsuit or anything against me
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 28, 2012, 04:29 AM
    If the "check" cleared your bank why do you owe the money, sorry you are not clear, do you owe the bank ? Was the check bad ? Please explain this better
    jamerson229's Avatar
    jamerson229 Posts: 5, Reputation: 1
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    #3

    Aug 28, 2012, 09:17 PM
    Sorry yes I owe it to the bank and the collection agency has called me
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 29, 2012, 06:53 AM
    Quote Originally Posted by jamerson229 View Post
    i have been out of work for about 2 years due to car accident and doctors i recently got a call from a agency saying i owe like $2,500 in a debt for a check that i wrote and it cleared my bank now the check was only for $586.00 now dont i have a 4 year statue of limitations before they can actually start filing a lawsuit or anything against me

    Statute varies by where you are, what State or Country.

    Are you saying that you wrote a check for $586 which cleared the bank in error because you had insufficient funds and now the total you owe the bank (with fees, interest, expenses) is $2,500?
    jamerson229's Avatar
    jamerson229 Posts: 5, Reputation: 1
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    #5

    Aug 29, 2012, 06:55 AM
    Yes and I'm in united states in Georgia
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 29, 2012, 07:11 AM
    Quote Originally Posted by jamerson229 View Post
    yes and im in united states in georgia

    Interesting question - were you charged criminally? Writing a check with insufficient funds (or on a closed account) is a crime.

    The Statute is 6 years on a written contract; 4 years on an oral contract; 1 year for fraud.

    Is the collection agency attempting to collect on a Judgment the bank has against you?
    jamerson229's Avatar
    jamerson229 Posts: 5, Reputation: 1
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    #7

    Aug 29, 2012, 07:15 AM
    Not sure they just told me it was a collection agency and if I didn't pay they would put a judgement against me or lien or take me to court
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Aug 29, 2012, 07:17 AM
    Quote Originally Posted by jamerson229 View Post
    not sure they just told me it was a collection agency and if i didnt pay they would put a judgement against me or lien or take me to court

    Then there is no judgment.

    I think you have two choices: pay it or wait and see what the collection agency does next.

    You can tell them to stop calling you.
    jamerson229's Avatar
    jamerson229 Posts: 5, Reputation: 1
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    #9

    Aug 29, 2012, 07:22 AM
    OK thank you and god bless to all
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Aug 29, 2012, 07:23 AM
    Quote Originally Posted by jamerson229 View Post
    ok thank you and god bless to all

    If you do decide to take the collection agency's call and want to gt into a conversation with them, under what law or theory are they pursuing you?

    Written contract (when you opened the checking account), something else?

    I might be missing something here but unless this is a charge of criminal fraud (which doesn't appear to be the case) I wonder why they "think" they can collect from you.
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