Question: Can I be charged with check fraud? A collection agency keeps harassing me on a debt that I started paying them. They keep changing the payoff amount and they won’t send me paper work in writing for my records so I quit paying them until I get proof that they are who they say they are. Now they say that they are taking me to court and charging me with check fraud. Can they do this?
Answer: If this is a payday or other loan in connection with which you gave a postdated check, no. Furthermore, the threat is a violation of the Fair Debt Collection Practices Act. If this was an Internet loan, check if the lender was licensed. If not, it is not enforceable and you can get whatever you paid back.