[Ohio Boy]

Got a new alert today and 2 more item show up from Security Check LLC.
Ticked me off so I thought I would call them.
She has for info to prove it was me and then went into asking me for my current checking account number.
When I told her I would not give her that info she went on a rant like I had never heard before.

She told me that I owe them for 3 checks, dating Dec 2003, Dec 2003 and May 2004. I told her those were paid in late 2004 when I purchased my house and why are you now 5 years later trying to collect on something that has been paid.

She said that they have not proof they have been paid and can collect and report on them for 7 years starting March of 2008 until March of 2015 !!!!!!!

I told her you cannot collect and cannot report for 7 more years on these items. She said is evident that you have no proof of payment or you would have shown it to someone before the creditors reported you to us to be collected.

I said it is your job to prove me that I owe it. She said no, you have it backwards, it is your job to prove that you paid it and you cannot.

I told her that if they were not paid you have to use the dates the checks were written and not the date you took on the account. Of course she said no, the time start from the day we started collecting on what you owe us.

I also told her that you have reported it to chex systems when they have been paid which is wrong. She said if they were paid chex wouldnt be reporting them either.

She then asked me if my wifes name was xxxx, I said yes, she said that she was the one who signed the checks and you need to get them paid because they are being reporting on both your credit files.

She asked me if I had a cc to pay these overdue bills. When I said I am not paying for them twice because I do not owe them.
I told her consider them to be disputed and I will contact the companies corporate offices that the checks were written to and get this fixed.
She said they hired us to get paid, why would you contact them?

I told her that if you think you can report for 7 more years go ahead it is a violation of both the FCRA to report willful and known false information and you can be fined for doing so.

She said I need to pay my bills and hung up on me.

Where do I go from here?

They were paid back in 2004 and I am sure I probably do not have records of them now as I usually keep things 3 years.

So now collectors think they can report for 7 years from the date they get an account??

[Pale Rider]

I hope you recorded the call so you can sue them for all the violations. If not, go buy a recorder and call them back.

[Ohio Boy]

No I did not record it. I was ticked off because they showed up on my report and wanted to find out what they were.

I know, I should have known better but was not expecting them to tell me they can report for 15 years!

Then when she told me it was my responsibility to prove it was not mine or was paid just took the cake.

[hannah]

Whoever your mortgage broker was for your house may have copies that the checks were paid. Call him/her tomorrow. Get a validation letter off CMRRR in the mail as well. Call the bank too as they should have records of such payments but they will charge you to find them.

[Ohio Boy]

Thanks Hannah.

Sitting here looking for SOL for checks in Ohio, looks like its 6 years??

Even if I cannot find the copies or proof I am hoping it is out of SOL and they are trying to collect on them.

Need ammo for a delete.

Working on validation letter right now.

And yes, they are already reporting in chex systems.

[hannah]

There are certain things a creditor must do to collect a bad check.

A creditor may recover from a person who issued a dishonored check compensatory damages to the extent of the value of the check plus service charges, liquidated damages, costs, and reasonable attorney fees if a written demand in a prescribed format was sent to the person, and no payment or agreement for payment was made within thirty (30) days of the written demand. The amount of the liquidated damages may be a minimum of $200 or three (3) times the amount of the amount of the check and all bank service charges.(O.R.C. 2307.61(A)(1)(b).)

The written demand must be sent by certified mail with return receipt requested, and generally must contain a conspicuous notice to the person upon whom the demand was made, a description of the property, a notice that if payment or agreement for payment was made within thirty days that no civil action can be brought, and that if payment or agreement for payment was not made within that time period that legal action would be pursued. The creditor is also required to specify in the notice the potential judgment which that person may be required to pay, and that person's right to damages, reasonable attorney fees and costs in defending the case if the creditor does not prevail in the action. (See O.R.C. 2307.61(C).)

I will send you O.R.C. 2307.61 by email.

[Ohio Boy]

Great !

Thank you

Very much appreciated.

[Pale Rider]

Originally Posted by Ohio Boy

And yes, they are already reporting in chex systems.

ChexSystems only reports for 5 years, not 7.

https://www.chexhelp.com/consumerinf...s.htm#P21_1234

[Ohio Boy]

What they are doing is re reporting it like it is new.

They way she described it that the clock starts from the day they were hired to collect it. So, with that said I have never had a chex problem before and now have been denied credit/accounts because of being in chex.

They must have just reported it to chex recently because it was not there last I checked and opened a new checking and saving account.

The 5 years should be from the date the check was written correct?

She said all they had to do is send letters to the last previous known address and they called a phone number they had on record many times with no response.

The confusing part is if they just purchased or have been hired to collect on this it was not them who sent them letters 3 years ago, how would they know any was sent if they didnt send them?

Appreciate the info! Thank you

[Pale Rider]

Originally Posted by Ohio Boy

The 5 years should be from the date the check was written correct?

Not certain, but my best guess would be the reporting period would start when the check bounced. That would not be far off from the written date. It absolutely does not start when the collection agency got the account.

[hannah]

Originally Posted by Pale Rider

Not certain, but my best guess would be the reporting period would start when the check bounced. That would not be far off from the written date. It absolutely does not start when the collection agency got the account.

I agree. Reporting period starts when the COA is ripe which is when the check bounces and the holder is not made whole within the 30 days required by ORC 2307.61.

[jlynn]

And just because the front line monkey at the CA told you they could report for 7 years from when they get it does not mean that the back line monkeys that do the actual reporting will report that way. And don't listen to some other boards that seem to think that CA's can report for 7 years from when they get it - its pure bull hockey.

Unfortunately, you will need to bust your buns to try and find proof of payment. Copies of the unpaid checks (if they actually have them) would likely be considered full validation. So in a sense she is right - you will need to prove they are paid.

[Ohio Boy]

Well I called the mortgage broker and no luck, they dont have copies of it.

Looked through all our boxes and nothing.

Called one of the places the check was written to and asked the lady if they had copies where I paid this and she said no, once it is paid it is tossed. So I asked if she had me on file and she said no, so I wouldn't owe them anything.

Asked her if she would send a letter stating that and she said no, they are no in the business to write letters.
So as of right now I have no proof I paid these in 03 and early 04.

Is it them who reported this to chex I wonder? If I am lucky enough with a DV and dispute will this come off chex or is that another fight?

Thanks to all who have helped.

[Hedwig]

What about contacting your bank? It will cost you some fees, but I bet you can get copies from them.

Here's a hint for the future--even if you get rid of the checks, keep your check register. You can use it to validate when you wrote checks and to whom. Then it's easier (and probably cheaper in terms of service charges) to go to the bank and ask for a copy of a certain check number.

Personally, I don't throw any financial information away for at least seven years. Checks I keep virtually forever--shoe boxes are good storage.

Nowadays you could scan and store them forever on CDs or something.

[Pale Rider]

Originally Posted by Ohio Boy

Well I called the mortgage broker and no luck, they dont have copies of it.

Looked through all our boxes and nothing.

Was it included in the closing or seperate? Did the title company handle the payment?

[jlynn]

You likely aren't looking for checks to pay for bad checks. You are looking for money order stubs or copies of cashier's checks. If it was paid at closing, it should be referenced in your settlement papers.

If the old biddy at the OC has no documentation, you might try a DV letter and see what if anything for proof the CA has of the checks.

[Enigma]

I would write to the lady that said they were not in the business of writing letters, a nice little note to the effect of, XZY says I owe you money, you say I do not. As per our conversation of xx/xx/xx please confirm our conversation and return the letter to me in the SASE.

[Ohio Boy]

Wow, great ideas from everyone.

The only way I can prove they are paid is to find the money order stub as mentioned above.

I looked and they are not in the settlement folder, I even called the title co to see if they might have something and they do not.

I have a call into the owner of the business about the lady who said they are not in the business to write letters.

I am going to send collector a DV and have ordered a chex report.

From what I am reading they do not respond to DV's.

I am going to hit them with the DV and wait until I get the green card back and dispute with the CRA's.

Maybe that will work?

Still digging for the proof.