Q: We received a bad check. Can we reference filing criminal charges in the demand letter?
The issuer has made repeated promises to pay (verbally and via text) but has an excuse every time. Today we are scheduled to meet her to be paid in cash. It is likely she will, again, not show. It is our belief that the issuer knew the check was not covered at the time of issuance. Can we reference that we will be asking the police/DA to file charges? If so, how to express that without violating FDCPA. Thank you.
A:
If you truly intend to turn the matter over to the police, then communicating that fact to the debtor shouldn't be a violation of the FDCPA. Telling her that she'll be imprisoned and her assets seized if she doesn't pay? *That* would be a violation.
Best of luck to you, and hope you get paid this time!
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