ACCS* contracts with local prosecuting attorneys' offices to operate Bad Check Restitution Programs in 140 counties throughout the nation. Once ACCS obtains a contract, it advertises to merchants and other debt collectors for unpaid checks. When the checks are referred to ACCS, it then sends collection letters to the check writers that warn that they have been accused of a crime, and that to avoid prosecution, they have the option to enroll in an expensive mandatory misdemeanor diversion program, pay the check and pay additional fees assessed by ACCS.
We had wireless service for AT&T for years and AT&T use to draft payments from our checking account. AT&T got upset when we cancelled our wireless contract and told them we can no longer afford their expensive wireless service, they then in return tried to take money out of our checking account after we cancelled the service and advised them not to draft anymore payments. We had to tell our bank to stop anything that tries to come through and the bank placed a stop payment notice on the account just in case. Sure enough they tried to take out 2 payments and now trying to say we wrote them bad checks. What kinda *7*% is this?
So now we receive a threatening letter from ACCS with no check #s listed because we did not write out any checks to AT&T, telling us to pay for a bad check writing class and two fees, the letter is asking for over $1000. The letter is the same amount of money we owed to AT&T for cancelling our wireless service contract not for a bad check.
The law in Maryland states a bad check is an intention knowing you do not have money in the account., This is totally not our case.
It sounds like AT&T is trying to be revengeful because they are loosing clients to Verizon and Sprint, due to the economy and their expensive wireless service.
We called ACCS today and they stated they will put the acct on a 30 day hold and that they have received a lot of these check cases from AT&T and they are investigating. I told them when you have a service contract with someone and you pay them on a regular, this wouldn't even constitute as a bad check. I told ACCS that their client AT&T knows that and they should know the law as well because ACCS from my understanding gives their potential clients like AT&T a questionnaire to fill out as the victim to get information on the assumed bad check so they can decide if it is a legit bad check or not to try to for AT&T.
In my case it is not writing out a bad check, we simply cancelled our wireless service and if I am sure if AT&T completed the questionnaire was completed correctly then they would have known it was a contractual service.
I know the economy is not in the best shape but this is not a reason to steal or cheat from consumers. A lot of companies are getting desperate and are doing things wrongfully against consumers.
You should see this threatening letter stating that we are going to go to jail and if we do not pay the $1000 we are going to be arrested etc. And then they use the State Attorney Office Letterhead as mentioned in my first paragraph.
Below is some interesting fact I found online regarding ACCS:
Their letters do not disclose that they are sent by a private company, rather than the prosecuting attorney's office.
ACCS in almost all cases has received the dishonored check directly from a merchant, or another collection agency.in most cases, the merchant or collection agency has referred the check to ACCS for collection, and has not accused the check writer of a crime.in most cases a district attorney has not reviewed the case, or even seen the check.
In most states the check writer has not committed a crime unless the check writer intended to write a bad check. (The details of what constitutes a bad check crime vary from state to state).
Most or all of the fees that ACCS charges have no legal basis.
ACCS fails to provide the consumer warnings on the letters that the Fair Debt Collection Practices Act requires.
ACCS threatens check writers with prosecution when it does not have the intent or capability of prosecuting a check writer. Also when ACCS sends its letters to individual check writers, it has no idea whether a prosecutor will decide to prosecute any individual check writer. After ACCS exhausts its collection efforts, it may send the check to the local prosecutor, who will then review the check and any evidence to decide whether to take any action
ACCS has recently changed its name to American Corrective Group (ACG).in the bankruptcy, ACCS is listed as being owned by SCH Corporation.
This info was found on this site http://www.checkrestitution.com/Who-is-ACCS-.php
Victim
Bowie, Maryland
U.S.A.
0 comments