Returned checks

[mommyoftowboys]

What is the name of your state? Florida


Supposedly back in 2002 I "wrote" a check for a Target. I have never recieved anything on this until I call the company on my credit.
Can they collect interest?
Has the SOL expired on it?
The check was for 44 but they charged me 177 to clear it up? I know the return check fee but in the state of Florida I thought it was no more than 30?

 

[Chien]

Q. Can they collect interest?

A. Yes.

Q. Has the SOL expired?

A. Perhaps. You’ll have to look at your state statutes. Checks are covered by the Uniform Commercial Code. The same revisions of the Code have not been adopted by all states, and you’ll have to see what yours says. Checks are covered under Article 3. The relevant FL statute is Ch. 673.1181, which advises that Ch. 95 covers your limitations period. I have to leave it to you to do the reading.

If the SOL has not expired, note that you have a civil penalties statute that provides for damages “in event of failure to make payment within 30 days after demand, treble amount owed in addition to the amount owed together with bank and court costs and reasonable attorneys' fees, not less than $50 and no more than $2,500.”

If the limitations period has expired but you wrote the check, I’ll also leave it to you to decide if you pay them anyway, because limitations or no, it’s your obligation.

 

[seniorjudge]

Do you mean by SOL the criminal or civil one?

 

[seniorjudge]

True story: One defendant claimed a defense to a bad check by saying, "I didn't write that check. My wife wrote that check. All I did was sign it!"

 

[mommyoftowboys]

Q. Can they collect interest?

A. Yes.

Q. Has the SOL expired?

A. Perhaps. You’ll have to look at your state statutes. Checks are covered by the Uniform Commercial Code. The same revisions of the Code have not been adopted by all states, and you’ll have to see what yours says. Checks are covered under Article 3. The relevant FL statute is Ch. 673.1181, which advises that Ch. 95 covers your limitations period. I have to leave it to you to do the reading.

If the SOL has not expired, note that you have a civil penalties statute that provides for damages “in event of failure to make payment within 30 days after demand, treble amount owed in addition to the amount owed together with bank and court costs and reasonable attorneys' fees, not less than $50 and no more than $2,500.”

If the limitations period has expired but you wrote the check, I’ll also leave it to you to decide if you pay them anyway, because limitations or no, it’s your obligation.

I wasn't trying to skip out on paying it. I just merely want to make sure that If I do pay this, that I will get a letter of satisfaction saying that its cleared up. I was told by someone else that they can't charge interest on the returned check fee.
Also I NEVER recieved anything regarding this 30 days after. NEVER once. I lived in Florida for several years after.
I didn't find this out because they contacted me, I didn't find it out because they sent me a letter. I found all of this out because I did research found the collection agency, all because I had a negative account of 48 that I had never heard of.
To be quite honest, I'm not so sure I even wrote the check.
Or if I did, that it wasn't taken care of prior. An "attorneys" office did this to my sister, called her up saying they were going to sue her because of a check, not realizing what was happening she gave her info to get it cleared up, then after being on the phone with them realized that she had already paid that check, and had the proof.

And on that, they were charging her interest too. She contacted someone and they told her, one, they can't collect on a check she's already paid back, and two they can't collect interest.
They had a complaint put in against them and the state attorneys office was to be checking them because of the collection pratices.

 

[moburkes]

True story: One defendant claimed a defense to a bad check by saying, "I didn't write that check. My wife wrote that check. All I did was sign it!"

Ahhhhhhhhh. That old trick? Well, he was an honest defendent, but a stupid one!

 

[Chien]

I was told by someone else that they can't charge interest on the returned check fee.

I misunderstood you on one point. I thought you were asking about interest on the check. The dishonored check charge and statutory damages, if assessed, would not accrue interest until included in a sum reduced to judgment.