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cfortunato
cfortunato, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8023
Experience:  Areas of practice: Landlord/Tenant, Bankruptcy, Consumer Debt
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I have been contacted by someone saying they are comi.g to

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I have been contacted by someone saying they are comi.g to serve me for a bounced check from october of 2005.. I got a number and called to find out what it was about and i spoke to someone at cr legal services and they are telling me that they are about to take me to court where i will be convicted of fraud.. I recieved a call from someone several months ago re this same account, when i asked them to send me somthing in writing they said that they couldnt until i agreed to a payment plan.. So when i talked to them today they are telling me that if i let it go to court i will be charged with 3 different things, and the price will jump to 2,250 plus court costs.. But when i asked them what i had to do to take care of it before it goes to court, they were willing to drop it to 300 if i pay today.. I dont even remember this, i cant really find anything about this company on-line.. But i dont wana go to jail.. What should i do?? Im in kansas btw

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Consumer Protection attorney here to assist you.

cfortunato :

What you have described is a common scam, and we have many customers who have been contacted in a similar manner.

cfortunato :

Even if you did bounce a check, it is too late to do anything, as the Statute of Limitations for this offense is 5 years.

Customer: I asked him about that he said for kansas the statute for the check was 10 years
cfortunato :

That is not correct. I will look for the statute.

Customer: He said the statute for the contract was 7 years and for the check it was 10.. I also told him that there has never been anything on my credit report and he said that it wouldnt show up there
cfortunato :

He is lying.

cfortunato :

You cannot believe anything you are told by a scammer.

cfortunato :

The Statute of Limitations to collect on a bounced check is 5 years in Kansas. Here is the statute:

cfortunato :

http://www.lrc.ky.gov/krs/413-00/120.PDF

cfortunato :

The Statute of Limitations to collect an unpaid debt is 3 years in Kansas.

Customer: So just ignore them?
cfortunato :

Additionally, a bounced check is not a criminal offense in Kansas - it is a civil offense. This means you cannot go to jail for a bounced check.

cfortunato :

Lastly, what they are doing is against the law.

cfortunato :

So, you can tell them you know what they are doing is against the law, and if they continue to call you will report them to the Attorney General's office.

cfortunato :

The number for the Kansas Attorney General's office is(NNN) NNN-NNNN

Customer: Ok.. I will wait and see if they contact me again.. Thank you
cfortunato :

You're welcome!

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