California Civil Code 1719 states A person writing an NSF check is liable for treble damages under California Civil Code Section 1719 unless that person pays the face amount of the check, the service charge, and the cost of mailing a written demand by certified mail within 30 days of mailing of the notice. The treble damages shall not be less than $100.00 nor more than $1,500.00.
With this being said - I recieved a phone call from this office about a check that I wrote and was returned when the back had put a hold on funds I just deposited. I called their office and told them about the debt since that is where I was directed to call. I was informed that they hadn't recieved my file yet but proceeded to give me the address to mail payment. I decided I wasn't going to mail the payment until I recieved a notice to be sure my payment was credited properly. Approx 1 month later I recieve a call from them asking about the debt. I told them I had forgotten about it and I would make a payment that day or the next and ask them to send me something requesting payment. Once again, I never recieved a letter.
Due to an identity theft I had, again, I chose to recieve the letter prior to just "paying someone who just called me". I waited for the letter, again, nothing. Then yesterday I get this call demanding payment or else they were going to prosecute me and take me to court. I finally decided I would take their info, call them back CONFIRM they were who they said they were and pay the debt, but the amount he told me was $456.68 when the check I wrote was for only $114.17. When I said I didn't have that kind of money nor would I pay it unless I knew what it was, I was informed that these were "Treble" charges for not honoring my check. I decided to take his number and call back. When I did, a lady told me that they sent me a certified letter giving me 30 days to pay or else these charges would be added and it was sent on May 21. I told her I never recieved the letter and asked her to confirm the date recieved and who signed for it. She looked it up in my file and told me the letter was sent back to them.
How can they charge me Treble charges when she even confirmed I didn't recieve their certifed letter.
Conviniently, just today I recieved a demand letter from them. They not only didn't confirm reciept of the certified letter which Civil code 1719 says they must send certified and they also threatened to take me to court.
Isn't there a Class action suit against them for these type of tactics.
I was willing to pay the check no problem, but now instead I am having to dispute it, affect my credit, because I don't agree with the fact that they are charging these fees.
Any suggestions would be appreciated...
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