Has a debt collector accused you of writing a bad check? There are many disputes you can raise to avoid liability for a bounced check.
Assemble the Evidence
Start by assembling all of your bank records, and carefully review the dates and amounts of the checks compared with your account balance on those same dates.
Did you properly spell out the dollar amount of the payment? Does the spelled-out dollar amount exactly match the numerical amount entered?
For example, compare “twenty-five dollars and ninety-nine cents” to “$25.99”. We often see irregularities
Be prepared to discuss your disputed debt in detail and with a strong command of the facts.
A Bounced Check is Not Illegal
Just because you had a check returned for insufficient funds does not make you a criminal, and it is illegal for a debt collector to tell you otherwise.
If the collector accuses you of having broken the law by writing an NSF check, write down the name of the collection agency, along with the date and time of the communication, and let us file a counterclaim against them in court.
A bounced check debt collection should not subject you to an altercation with the bank’s debt collector.
Post-Dated Check Collections
When writing a bounced check, did you enter a future date, with the intention of funding your account by then? This is an important dispute to bounced check collections because it shows you did not intend to leave the creditor unable to recover the check proceeds, and accordingly you should not be liable for those amounts.
Another challenge to raise is that a postdated check often serves as notice to the payee that the person making the payment lacks cash liquidity in the checking account.
Further, post-dated checks are often tendered with preconditions, such as the recipient shall not deposit the check unless he first:
accomplishes the necessary tasks to earn the money
confirms with you the account has been funded on the day he r
Overdraft Protection Collections
Does your bank charge fees for use or maintenance of your bank account? Review your bank account’s terms and conditions to determine whether the bank should have funded your account with overdraft protection.
A disagreement regarding your bank’s failure to pay an insufficient funds check should be raised promptly after receiving an overdraft collection notice.
Call for a Free Consultation
Contact us for a free review of your bounced check debt collection case, and let us advise you on which disputes may dismiss the debt.