Quote:
Originally Posted by mountaindews  Thanks Trish, but what if it is a check collect place, but is considered a collection agaency? Does that make a difference? I am assuming while I was married we wrote a check to a business and it bounced and then that place sent it to this CA...so how do I find out if this is all legal in my state you said UCC?? what is that? and where can I find out if they own the debt now or if they are just collecting? |
I believe that is still a CA. Find out who the OC is if you can and then get in touch with them. Ask if you can pay them (instead of the CA). If they say yes, get their address and tell them you will send it right away (don't even bring up pfd, just get the payment address). If they say no and that the debt has been sold and NOT assigned to the CA.......then you're going to have to deal with them and go by the CA's state.
Here is the list of states that REs hold up in:
Arkansas
Colorado
Connecticut
Georgia
Kansas
Louisiana
Maine
Michigan
Nebraska
New Jersey
North Carolina
Oregon
Pennsylvania
Texas
Utah
Vermont
Virginia
Washington
Wyoming
Certain states have modified this law.
In the following states, if a creditor cashes a full payment check and explicitly retains their right to sue you by adding
"under protest" or" without prejudice" along with their endorsement, then they can come after you for the remaining balance.
*this is if you plan on doing a pfd for LESS than the amount owed
Those exact words must be used.
If they write "without recourse," on the check,or other indication that is partial payment, it is not enough.
If they communicate to you verbally or in writing , seperate from the check itself, that is not sufficient either.
They MUST use the EXACT words above, on the check itself.
States following the modified law are:
Alabama
Delaware
Massachusetts
Minnesota
Missouri
New Hampshire
New York
Ohio
Rhode Island
South Carolina
South Dakota
West Virginia
Wisconsin