Caller connects you to an attorney name Tim and he goes on to state to me that my husband had felony warrant on him for so-called check fraud and he will be arrested at 1:00 today or just send $1922.46 and all charges go away just to make a long story short. They even went to the point of calling his job and giving his job this information about he having felony charges against him. Please tell me what type of info can I receive from this number
The Federal Trade Commission (FTC), the nation's consumer protection agency, is warning consumers to be on the alert for scam artists posing as debt collectors. It may be hard to tell the difference between a legitimate debt collector and a fake one. Sometimes a fake collector may even have some of your personal information, like a bank account number. A caller may be a fake debt collector if he:
•is seeking payment on a debt for a loan you do not recognize;
•refuses to give you a mailing address or phone number;
•asks you for personal financial or sensitive information; or
•exerts high pressure to try to scare you into paying, such as threatening to have you arrested or to report you to a law enforcement agency.
If you think that a caller may be a fake debt collector:
•Ask the caller for his name, company, street address, and telephone number. Tell the caller that you refuse to discuss any debt until you get a written "validation notice." The notice must include the amount of the debt, the name of the creditor you owe, and your rights under the federal Fair Debt Collection Practices Act.
If a caller refuses to give you all of this information, do not pay! Paying a fake debt collector will not always make them go away. They may make up another debt to try to get more money from you.•Stop speaking with the caller. If you have the caller's address, send a letter demanding that the caller stop contacting you, and keep a copy for your files. By law, real debt collectors must stop calling you if you ask them to in writing.
•Do not give the caller personal financial or other sensitive information. Never give out or confirm personal financial or other sensitive information like your bank account, credit card, or Social Security number unless you know whom you're dealing with. Scam artists, like fake debt collectors, can use your information to commit identity theft – charging your existing credit cards, opening new credit card, checking, or savings accounts, writing fraudulent checks, or taking out loans in your name.
•Contact your creditor. If the debt is legitimate – but you think the collector may not be – contact your creditor about the calls. Share the information you have about the suspicious calls and find out who, if anyone, the creditor has authorized to collect the debt.
•Report the call. Contact the FTC and your state Attorney General's office with information about suspicious callers. Many states have their own debt collection laws in addition to the federal FDCPA. Your Attorney General's office can help you determine your rights under your state's law.
all i can say is my wife went to court and had to pay extreme fees. easiest thing we could have done is pay back the money we loaned. here is some tips for MI
Bad Check Cases
A Person who legitimately maintain, or previously maintained a valid checking account can be prosecuted for several different crimes depending upon the circumstances.
The offense of No Account Check is a 2 year maximum felony, with a fine of not more than $500, or both. For the offense of No Account Check, the Prosecution must prove the following beyond a reasonable doubt:
1) That on a particular date the Defendant wrote or delivered a check, draft, or money order to a named individual or entity for a specific dollar amount;
2) The check, draft, or money order was drawn on a particular bank;
3) When he or she did this, the Defendant did not have an account or credit with the particular bank;
4) When he or she wrote or delivered the check, draft, or money order, the Defendant intended to defraud or cheat someone.
5) The check, draft, or money order was presented for payment.
The offense of 3 Non Sufficient Funds Checks within 10 days is a 2 year maximum felony, with a fine of not more than $500, or both. For the offense of 3 Non Sufficient Fund (NSF) Checks within 10 days the Prosecution must prove the following elements beyond a reasonable doubt:
1) The Defendant wrote or delivered 3 checks for a particular dollar amount
2) When he or she did this, the Defendant did not have enough money or credit with the particular bank to pay any of the checks in full;
3) When he or she wrote or delivered the check, draft, or money order, the Defendant knew that he or she did not have enough money or credit to pay any of them in full.
4) When he or she wrote or delivered each of the 3 checks, drafts, or money orders, the Defendant intended to defraud or cheat someone.
For the offense of Nonsufficient Funds (NSF) Check, the Prosecution must prove the following elements beyond a reasonable doubt:
1) That on a particular date the Defendant wrote or delivered a check, draft, or money order to a named individual or entity for a specific dollar amount;
2) The check, draft, or money order was drawn on a particular bank;
3) The check, draft, or money order was signed and endorsed by a particular individual.
4) When he or she wrote or delivered the check, draft, or money order, the Defendant knew that he or she did not have enough money or credit at the particular bank to pay any it in full. OR when the check, draft, or money order was presented for payment, there were not sufficient funds at the particular bank to pay it in full and the Defendant knew when he or she wrote the check, draft, or money order that there would not be enough money or credit to pay it in full when it was presented.
5) When he or she wrote or delivered the check, draft, or money order, the Defendant intended to defraud or cheat someone.
6) The check, draft, or money order was in one of the following amounts:
a) $500 or more;
b) $100 or more but less than $500;
c) some amount less than $100.
The possible penalties for Non Sufficient Funds (NSF) Check are as follows:
1) In cases where there are 2 prior NSF convictions, the offense is a 2 year maximum felony or a fine of not more than $2,000 or 3 times the amount payable, whichever is greater, or both imprisonment and a fine;
2) If the amount payable in the check, draft, or money order is $100 or more but less than $500, either of the following apply:
a) For a first or second offense, a 1 year maximum misdemeanor or a fine of more than $1,000 or 3 times the amount payable, whichever is greater, or both imprisonment and a fine;
b) For an offense following 2 or more prior NSF convictions, the offense is a 2 year maximum felony or a fine of not more than $2,000, or both imprisonment and a fine (a conviction for attempted NSF check under $100 is not counted in determining prior NSF convictions here);
3) For an offense following 1 or more prior NSF convictions involving $100 or less, a 1 year maximum misdemeanor or a fine of more than $1,000, or both imprisonment and a fine;
4) For a first offense, a 93 day maximum misdemeanor, or a fine of not more than $500, or both.
If the Defendant knew when he or she wrote the check, draft, or money order that he or she did not have enough money in the bank to cover it at the time, but had good reason to believe that the check, draft, or money order would be paid when it was presented for payment, then the Defendant did not have the intent to defraud or cheat anyone. If the Defendant wrote the check, draft, or money order when he or she did not have enough money in the bank account because he or she made an honest mistake about how much money he or she had in his or her account, there is also not an intent to defraud.