for a check that bounced even though it was written to the original creditor and not the collections agency?
Also, can the original creditor press charges for a check that bounced after it’s been sold to a collections agency?
Finally, is it legal for a collections company to claim that they are with or affiliated with the original creditor, or part of that company?
Serious answers only please. Answers that don’t relate to the questions or opinions that don’t answer the questions will be reported. Websites with additional info would be appreciated! Thanks!
I am assuming you are in the USA???
A third party collection agency can sue the check writer regarding a bounced check. In my state, they can sue for 3 times the amount of the check or $500 in addition to the original amount, whichever is less.
Generally, checks are not sold to a third party collector. They are turned over to a collection agency so that the original creditor can get it off their books and continue with whatever business they are in. The law generally allows for fees to be added to checks that bounce, usually $30 for the merchant and $30 for the bank. A collection agency will take the fees that would originally go to the original creditor and turn the original amount of the check over to the creditor if the collection agency is able to collect it. If the check writer is sued, then the agency generally takes the damages awarded, plus court fees and costs, and turns over the original amount to the original creditor.
A collection agency may or may not be affiliated with the original creditor, although generally they are not. They are required to say what they are collecting on and who for. They are also required to send a copy of the check that they have in their possession, if it is requested.
If a collection agency or the original creditor sue on an original check, then they are going to win, hands down. The reason is because check is the same as a signed contract. By signing the check, the check writer affirmed the check was good in exchange for funds. If the check comes back as NSF, then the writer did not hold up their end of the deal and is liable.
EDIT the previous two posters are absolutely incorrect. I sue people all the time on behalf of the original creditor. Fact is that the original merchants are not in business to collect on bad checks. It takes time and energy to do that. They turn it over to me so that they don’t have to do it themselves.
Further, no one is going to jail for a bounced check or two. If it’s habitual and obviously fraudulent, THEN it is a criminal matter, otherwise, it’s stricitly civil.