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I have a NSF check wuestion. Written in GA. Living in GA at…

I have a NSF...

I have a NSF check wuestion

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Written in GA. Living in GA at the time. Account in GA. Now living in Colorado, not sure of CO or GA applies

Lawyer's Assistant: What steps have you taken so far?

Collection company called me. I have paid check balance but not “attorney fees” and they refuse to provide any invoice or account summary

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That’s the big picture

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Answered in 6 minutes by:
3/20/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,987
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the check was written in GA, then it would apply GA law to the bad check. Under GA law once they send you notice you are liable for the amount of the check and up to $500 in penalties. Furthermore, the GA DA in the county where the check was written can file misdemeanor (under $100) or felony ($100 or more) charges against someone for writing an NSF check if the victim proves they sent certified/registered mail to the last known address of the defendant and the defendant did not make good on the check.

So, if you paid the check balance, legally they can pursue you for up to $500 plus attorney's fees if they have to sue you for the check.

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Customer reply replied 4 months ago
to be clear. Since all aspects were GA, ga law applies. Collection agency refuses to provide any mailing address. Company full name. Invoice. Etc. Is there any responsibility in their end to provide that?
Customer reply replied 4 months ago
they never mailed any letter...

Thank you for your your reply.

They need to only provide the information about the check and provide you proof they have the right to collect on it pursuant to the Fair Debt Collection Practices Act. So, you can demand proof of the check and if they refuse then you could actually sue the company for violation of the FDCPA and seek damages including attorney's fees.

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Customer reply replied 4 months ago
Thank you for the feedback. So do I need to email the request? Certified letter?

Thank you for your reply.

If you have their address, send a registered letter to them so you can prove it was received.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,987
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you

Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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