Jacksonville, FL asked in Bankruptcy, Consumer Law and Collections for Florida

Q: CAN I LEGALLY BE HELD RESPONSIBILE FOR A RETURNED CHECK DUE TO NSF THAT I CASHED AS A MINOR (17Y/O) BY A DEBT COLLECTOR?

When I was 17 years old A relative provided me with a personal check As a gift. And the check was returned due to either non-sufficient funds or some other banking matter from the check writer/issuer's financial institution. A debt collection agency now multiple years later and attempting to contact me, saying that a collection has been placed against me due to the check. Is this legal? what can I do to resolve this?

2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. Any action would have to be against the maker (writer) of the check, not the beneficiary. You have no liability o pay this check.

Charles M.  Baron
Charles M. Baron
Answered
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: I agree with Mr. Denison that the writer of the bad check would generally be the liable party (if there is any liability), but something is missing from your facts. If the check was written to you, what would that have to do with a debt to a third party? Did you endorse the check and make it payable to a third party? If you have facts in that regard, I suggest you re-post with more details. But regardless of the situation, it is good to dispute the validity of the debt in writing.

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