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  1. #1
    Join Date
    Aug 2013
    Posts
    144

    Default Collection of Debt Claims Resulting From Check Forgery

    My question involves collection proceedings in the State of: Washington

    An expired drivers license was stolen from me last fall, and a criminal went out and printed phony checks and passed them at about 20 stores in my area. 18 out of the 20 stores have written off the debt after I provided affadavit of forgery and police report number to them. 2 stores (one agency) are still hounding me to pay the debt. I cannot meet their demands that they have given me, and wondering how to proceed. I refuse to pay for the groceries used by the people who stole from me.

    The demands by the credit agency are:

    1) Provide a affadavit of forgery from the bank that issued the checks. I cannot do this as no bank issued the check, they were phony checks printed by criminals. The bank whose name appears on the check has refused to help as they do not own the accounts listed at the bottom.

    2) Provide a copy of the police report showing the checks are stolen. I provided the police report number, but the last time I requested the criminal investigation was active and the city refused to release a report. The bill collectors laughed when I told them this and insinuated that I was a liar. In any event, the passed checks were not stolen from me as they were printed by the criminals - only the expired drivers license was stolen.

    3) Prove my innocense. This is laughable - on the phone, they actually told me that I have to prove that I am innocent, and since I have not done so yet, the debt is still mine to pay.

    4) Have the police add special phrases to their police report, like "drivers license was used to print phony checks". Sorry - the police report is not written by me, I can't ask them to add special phrases to it.

    The only thing that I can do is request the police report again, which I did so today, and will provide that to them.

    Is there anything else I can do to get them to clear the debt? Clearly, they are being incredibly difficult because they want me to pay the debt rather than write it off.

    They refuse to put their demands in writing.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Collection of Debt Claims Resulting From Check Forgery

    Quote Quoting bigtrees
    View Post
    1) Provide a affadavit of forgery from the bank that issued the checks. I cannot do this as no bank issued the check, they were phony checks printed by criminals. The bank whose name appears on the check has refused to help as they do not own the accounts listed at the bottom.
    Why can't they help? It would seem that all they have to do is attest that the account and routing numbers are fake. If the routing number is real, perhaps you should seek an affidavit from the financial institution associated with the routing number.
    Quote Quoting bigtrees
    2) Provide a copy of the police report showing the checks are stolen. I provided the police report number, but the last time I requested the criminal investigation was active and the city refused to release a report.
    Complete one of these and have the investigating officer attest to the form. Did you give them a copy of the police investigation number and the name of the investigating officer so that they could contact the officer? Why, if there is an ongoing investigation, has the officer not contacted the victims?
    Quote Quoting bigtrees
    3) Prove my innocense. This is laughable - on the phone, they actually told me that I have to prove that I am innocent, and since I have not done so yet, the debt is still mine to pay.
    If you haven't even documented that you made a police report, like it or not, their skepticism is understandable.
    Quote Quoting bigtrees
    4) Have the police add special phrases to their police report, like "drivers license was used to print phony checks". Sorry - the police report is not written by me, I can't ask them to add special phrases to it.
    Yes you can. You can ask for whatever you want. Asking and getting are two different things, but you are absolutely free to ask.

    What is the relevance of the driver's license? Was the number printed on the checks?

    Is this collection by the actual victims, or by a third party collection agency? If the latter, you can always instruct them not to contact you again.

  3. #3
    Join Date
    Aug 2013
    Posts
    144

    Default Re: Collection of Debt Claims Resulting From Check Forgery

    Why can't they help? It would seem that all they have to do is attest that the account and routing numbers are fake. If the routing number is real, perhaps you should seek an affidavit from the financial institution associated with the routing number.
    They could help but they are choosing not to. Regardless of the reasons, there is no law the bank is breaking by choosing not to file affidavits, and no requirement for them to help. The banks refusal to cooperate does not make me responsible to pay the debt that the criminals amassed.

    Also, they already attested that the bank account number is fake when they returned the check. The check has "no such account" printed on the check by the bank where the check was supposedly printed, so they can't provide anymore information than they already have.

    Complete one of these and have the investigating officer attest to the form. Did you give them a copy of the police investigation number and the name of the investigating officer so that they could contact the officer? Why, if there is an ongoing investigation, has the officer not contacted the victims?
    I did complete an affadavit of forgery and had it notarized by my bank. I did provide a copy of the police investigation number to the collection agency. The officer hasn't contacted the collection agency because they (the collection agency) never talk to the police department. The collectoin agency don't want to waste the collection agencies time, they'd rather I did all the legwork for them.

    If you haven't even documented that you made a police report, like it or not, their skepticism is understandable.
    I provided the number of the police report to them, but they laughed and said that was worthless. It's actually because they don't bother requesting police reports while the other collection agencies did that. Remember, about 7 other entities, four credit card companies, and my insurance company accepted the information I provided. It's just this collection agency that refuses to accept what I provided.

    What is the relevance of the driver's license?
    My signature is on the drivers license and it can be used to compare to the signature on the affadavit of forgery and the fake checks that were printed up. They clearly are not the same signature. The collection company could care less, trying to compare signatures is not their job apparantly.
    This collection agency is being a PIA.

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