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These people are the worst kind of people, scam artists! If you don't believe me google their fake law firm Brown Andrews and Scott, that should be enough proof to never send money to them!! Be smart think before you act! They use fear as a tactic to get you to pay quickly without thinking! This is America! We have no debtor prison/jail. The act of threatening a person with jail time if they don't pay a debt is in fact a crime itself!
Sec. 392.301. THREATS OR COERCION. (a) In debt collection, a debt collector may not use threats, coercion, or attempts to coerce that employ any of the following practices:
(1) using or threatening to use violence or other criminal means to cause harm to a person or property of a person;
(2) accusing falsely or threatening to accuse falsely a person of fraud or any other crime;
(3) representing or threatening to represent to any person other than the consumer that a consumer is wilfully refusing to pay a nondisputed consumer debt when the debt is in dispute and the consumer has notified in writing the debt collector of the dispute;
(4) threatening to sell or assign to another the obligation of the consumer and falsely representing that the result of the sale or assignment would be that the consumer would lose a defense to the consumer debt or would be subject to illegal collection attempts;
(5) threatening that the debtor will be arrested for nonpayment of a consumer debt without proper court proceedings;
(6) threatening to file a charge, complaint, or criminal action against a debtor when the debtor has not violated a criminal law;
(7) threatening that nonpayment of a consumer debt will result in the seizure, repossession, or sale of the person's property without proper court proceedings; or
(8) threatening to take an action prohibited by law.
(b) Subsection (a) does not prevent a debt collector from:
(1) informing a debtor that the debtor may be arrested after proper court proceedings if the debtor has violated a criminal law of this state;
(2) threatening to institute civil lawsuits or other judicial proceedings to collect a consumer debt; or
(3) exercising or threatening to exercise a statutory or contractual right of seizure, repossession, or sale that does not require court proceedings.
You can find the full list here: http://www.statutes.legis.state.tx.us/docs/fi/htm/fi.392.htm
Not paying a payday loan is not the same as bouncing a check, Most states have stipulation that explain any post dated checks (checks written for a future date) cannot be considered fraudulent under the rule of criminal law because at the time you wrote it you intended on having the money at the date that was written on the check so you had no Mens Rea or criminal mind when you wrote the check (that is needed for every criminal case)- so no they cannot hit you in criminal court only in civil court.
What they are doing however, is highly illegal and can be punishable up to 20 years for violating federal debt collection laws.
Caller: Brown, Andrews, and scott
Bad checks, also known as NSF checks, bounced checks, rubber checks, insufficient checks, bogus checks, etc., can be a big problem for an individual or for any size company. There are both civil and criminal penalties for this unlawful act, although it is much more costly and difficult to prove a criminal case. Always consider your goal: to recover the money or punish the check writer?
Civil Penalties by State.
Criminal Penalties by State.
Payments for COD or preexisting debt:
In most cases, NSF checks are not considered under the bad check law if they are used to pay an antecedent debt. Therefore, if a debtor gives a debtor an NSF check to pay a note payment or to pay an invoice that is on account, the act generally does not fall within the bad check law. However, if the debtor provides a creditor with a NSF check for a COD order, then that act does fall within the bad check laws.
Postdated Checks:
Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.
Who is the guilty party?
The guilty party of a fraudulent check is usually the person who signed the check, but it could also be the person who fraudulently passed it on, or even a third party who endorsed and passed the check on to another.
Civil Penalties by States
The following information may be out of date when you read this. Check with your state statutes for current law.
Alabama. Greater of $10 or actual bank charges.
Alaska. The bidder may recover damages in an amount equal to $100 or treble the amount, whichever is greater, except that damages recovered under bad check law may not exceed the amount of the check by more than $1000.
Arizona. Twice the amount of the check or $50, whichever is greater, costs of suit, reasonable attorneys' fees.
Arkansas. Amount due, service charge not to exceed $10. On stop payment, 15 days following written demand to drawer's last known address, holder may collect fee not to exceed $15; failure to make restitution and pay collection fee will result in liability of twice the amount of check but in no event less than $50.
California. Amount due, damages of treble the amount so owing, but in no case less than $100 or more than $1, 500. [Civil Code § 1719(a)(2) ]
Colorado. Treble the amount of such check and in no case less than $100, including reasonable fees.
Connecticut. Amount of check plus lessor of: if no bank account - $750 or amount of check; or if insufficient funds - $400 or amount of check. Statutory form of notice must be sent at least two times. Statute does not apply to certain consumer services.
Delaware. Amount due, costs of suit, protest fees.
District of Columbia. Amount due, protest fees.
Florida. In event of failure to make payment within 30 days after demand, treble amount owed in addition to the amount owed together with bank and court costs and reasonable attorneys' fees, not less than $50 and no more than $2,500. If payment is made in 30 days, a service charge of $10 or 5% of face amount of check, whichever is greater, can be added. In stop payment action, reimbursement for actual travel expenses to holder or agent for filing papers, and for traveling and providing witnesses to an from proceeding.
Georgia. Upon 30 days following certified written demand by payee to maker, the maker shall be liable to the payee for damages of double the amount owing on the check not to exceed $500 and service charge not to exceed $15.
Hawaii. Amount due, costs of suit, protest fees.
Idaho. $100 or treble the amount of the check, whichever is greater, but not more than $500 greater than the amount of the check.
Illinois. Treble amount of check but not less than $100 nor more than $500 plus attorney's fees and court costs.
Indiana. Treble amount of check not to exceed $500 plus amount of check, attorneys' fees of not less than $100 and interest at 18% per annum.
Iowa. Treble amount of dishonored check but not to exceed amount of check plus $500.
Kansas. Giver of worthless check is liable for the amount of the check plus an amount equal to the greater of the following: (a) treble the amount of the check, but not exceeding the amount of the check by more than $500; or (b) $100.
Louisiana. Drawer of dishonored check who fails to pay 30 days after written demand delivered by certified or registered mail is liable for damages in twice the amount owing but not less than $100 plus attorneys's fees and court costs. Payee may charge service charge not to exceed $15 or 5% of the face amount of the check, whichever is greater. District Attorney can collect fees for issuance of worthless check, depending on amount of check.
Maine. Amount due, court costs, service costs, collection costs, processing charges can be recovered only if statutory notice given, or payment within 10 days of notice.
Maryland. Amount due, $15 fee, and amount up to two times the amount of the check, but not more than $1,000. Holder may claim damages 30 days after mailing notice of dishonor to last known address of maker or drawer.
Massachusetts. Amount due, costs of suit, protest fees.
Minnesota. Amount due, $100 penalty, interest (at judgment rate), reasonable attorneys' fees if amount of check over $1,250, $15 service charge.
Mississippi. Amount due plus additional damages of 100% on checks up to $25,000, 50% (not to exceed $50 or fall below $25) on checks on $25 to $200, and 25% on checks over $200.
Missouri. Greater of treble face amount owed or $100. Damages should not exceed $500.
Montana. Service charge plus the greater of $100.00, or three times the amount of the check, but not to exceeed the value of the check by more than $500.00. (MCA 27-1-717.)
Nebraska. Amount due, costs, protest fees.
Nevada. Amount due, protest fees treble amount of check but not less than $100 nor more than $500.
New Hampshire. Amount due, interest, court costs, reasonable costs of collection, and $10 per day (maximum is $50). If check issued to city or town, amount due, $15 fee plus protest, bank, and legal fees; if issued to state agency, amount due, $5 fee plus protest and bank fees.
New Jersey. Face amount of the check, attorney fees, court costs, costs of mailing a demand for payment, and damages in an amount equal to $100.00 or triple the amount of the check, whichever is greater, but not to exceed $500.00.
New Mexico. Amount due, costs of suit, protest fees.
New York. Face value of check, plus two times amount of check up to $750.
North Carolina. Thirty days after written demand, lesser of $500 or treble amount owing on check, but not less than $100.
North Dakota. Amount due, collection fees not to exceed $10, and $100 or treble amount of check, whichever is less.
Ohio. The greater of $200 or three times the amount of check and attorney fees (no maximum).
Oregon. When maker fails to tender amount due after written demand made by payee, payee may recover damages in an amount equal to $100 or treble amount of the amount for which the check, draft or order is drawn, whichever is greater, provided the amount is not greater than $500 over the due amount.
Pennsylvania. Upon written demand from payee following conviction for passing a bad check and failure to make restitution, the payee upon obtaining civil judgment is entitled to an amount equal to $100 or treble the amount for which the check is drawn, whichever is greater, not to exceed by more than $500 the value of the check.
Rhode Island. Amount of check plus fee of $25, plus amount up to treble amount of check but not less than $200 or more than $1,000.
South Carolina. In addition to other fines, issuer shall pay all reasonable court costs, not to exceed $20 and if payment not made within 30 days, issuer shall pay amount of check and damages, of the lesser of $500 or treble the amount of the check.
Tennessee. Treble amount of check, but not to exceed $500.
Utah. Amount due, interest and costs of collection, court costs, reasonable attorneys' fees.
Vermont. Court costs, amount of check, attorneys' fees, damage in amount of $50.
Virginia. Lesser of $100 or three times amount of check.
Washington. Lesser of amount of check or interest at 12%, and cost of collection not to exceed $40. If court action necessary after 15 days, lesser of reasonable attorneys' fees and treble face of check or $100.
West Virginia. Amount due, service charge not to exceed $10.
Wisconsin. amount of check plus actual damages and exemplary damages not to exceed treble face amount of check.
Wyoming. Amount due as well as damages equal to the cost of collection plus reasonable attorneys' fees.
Caller: ANTHONY
BAD CHECK UNIT
(BCU)
Section 97-19-55 of the Mississippi Code, commonly known as the "Mississippi Bad Check Law", authorizes District Attorney's Offices throughout the state to assist victims of bad check writers in recovering restitution.
Our office was one the first in the state to implement this program, even though no funding was allocated by the legislature to fund the program. The Bad Check Unit is self-sustaining and is funded exclusively by service charges recovered from defendants when payment of restitution is made through our office.
We look forward to working with you as we assist you in obtaining the restitution which you are owed as a result of being victimized by those who write bad checks.
Thank you,
The Bad Check Unit
Instructions for Bad Check Complaints
You will need to pick up a Bad Check Complaint Packet from our office. This contains instructions and the forms that you will need.
The check must have been received within the 17th Judicial District which is composed of DeSoto, Tate, Panola, Tallahatchie, and Yalobusha Counites.
All bad checks must be stamped by the bank.
Do not file a complaint if the check is a two-party check.
If the check is stamped "NSF" (insufficient funds), then you must send a Statutory Notice by mail. The check writer must be given fifteen (15) days to make the check good. After fifteen (15) days have passed and you have not received restitution, you may then file a complaint with our BCU. If the letter is returned unclaimed or undeliverable, you may file the complaint immediately. The letter must be sent to the address on the check or the address given by the check writer at the time the check was passed.
If the check is stamped "Account Closed", then you do not need to send a letter.
When you turn in a complaint, you must turn in the original check. You must also fill out a complaint form for each check that is turned in.
Once a bad check complaint is filed with our office, you should not accept any payment toward the check. We do not charge merchants for handling their bad checks, however, if you accept payment on the check after you have turned in to our office, then you will be responsible for withdrawing the check. Mississippi law requires that a business or individual withdrawing a complaint pay a $30 service charge for each check that is withdrawn.
What Happens After We Receive A Bad Check Complaint?
We receive a very high number of checks. Each check is entered in the order that it is received.
A $40 state fee and a $30 victim fee is added on to each check.
We do not immediately issue an arrest warrant for the offender. State law requires that we send a series of letters giving them a chance to pay on the check through our office.
What Happens if They Still Fail to Pay On the Check?
If the check writer does not respond to our efforts to collect on the check, then the case is presented to the Grand Jury for an indictment. If the individual is indicted, a felony warrant is issued for their arrest.
In order for us to present the case to the Grand Jury for indictment and prosecution, we must have the check writer's correct Driver's License Number or Social Security Number.
It may take some time for the warrant to be served depending on how quickly the subject can be located, or the ability of law enforcement to serve the warrant.
Caller: LAW FIRM
BAD CHECK UNIT
(BCU)
Section 97-19-55 of the Mississippi Code, commonly known as the "Mississippi Bad Check Law", authorizes District Attorney's Offices throughout the state to assist victims of bad check writers in recovering restitution.
Our office was one the first in the state to implement this program, even though no funding was allocated by the legislature to fund the program. The Bad Check Unit is self-sustaining and is funded exclusively by service charges recovered from defendants when payment of restitution is made through our office.
We look forward to working with you as we assist you in obtaining the restitution which you are owed as a result of being victimized by those who write bad checks.
Thank you,
The Bad Check Unit
Instructions for Bad Check Complaints
You will need to pick up a Bad Check Complaint Packet from our office. This contains instructions and the forms that you will need.
The check must have been received within the 17th Judicial District which is composed of DeSoto, Tate, Panola, Tallahatchie, and Yalobusha Counites.
All bad checks must be stamped by the bank.
Do not file a complaint if the check is a two-party check.
If the check is stamped "NSF" (insufficient funds), then you must send a Statutory Notice by mail. The check writer must be given fifteen (15) days to make the check good. After fifteen (15) days have passed and you have not received restitution, you may then file a complaint with our BCU. If the letter is returned unclaimed or undeliverable, you may file the complaint immediately. The letter must be sent to the address on the check or the address given by the check writer at the time the check was passed.
If the check is stamped "Account Closed", then you do not need to send a letter.
When you turn in a complaint, you must turn in the original check. You must also fill out a complaint form for each check that is turned in.
Once a bad check complaint is filed with our office, you should not accept any payment toward the check. We do not charge merchants for handling their bad checks, however, if you accept payment on the check after you have turned in to our office, then you will be responsible for withdrawing the check. Mississippi law requires that a business or individual withdrawing a complaint pay a $30 service charge for each check that is withdrawn.
What Happens After We Receive A Bad Check Complaint?
We receive a very high number of checks. Each check is entered in the order that it is received.
A $40 state fee and a $30 victim fee is added on to each check.
We do not immediately issue an arrest warrant for the offender. State law requires that we send a series of letters giving them a chance to pay on the check through our office.
What Happens if They Still Fail to Pay On the Check?
If the check writer does not respond to our efforts to collect on the check, then the case is presented to the Grand Jury for an indictment. If the individual is indicted, a felony warrant is issued for their arrest.
In order for us to present the case to the Grand Jury for indictment and prosecution, we must have the check writer's correct Driver's License Number or Social Security Number.
It may take some time for the warrant to be served depending on how quickly the subject can be located, or the ability of law enforcement to serve the warrant.
Caller: LAW FIRM
You did better than I did. They have call my cell--on the do not call registry btw--twice. I called, as my husband is an attorney, I was interested. I figured it was a scam. The first girl wanted my personal information, which I would not provide, I was told to F--- off and screamed at, then hung up on. Called back, got a man who sounded like the man on the message, gave him my number and requested all documents regarding my case be faxed to my attorney and gave my husband's fax. He completely blew up and asked why the hell I was calling. I explained that he'd called me twice. He said my name wasn't even on the document number I gave hime--it was for a Michael--I said not my issue, he called me. Finally, he blew up, said he was going to just pull my number. Interesting.
Caller: Anthony Cattiagno/Brown & Scott
I have been getting waged garnished for almost a year now from this company and my professional business license was suspended for 3 years and and wish I had the opportunity to be able to pay this company back for what they agreed to accept as an out of court arrangement back in the day. You two can do with what you want to do but I would settle anything that they are calling me about only because now I am charged with theft and fraud and have to deal with this garnishment for alot more than if I only settled out of court with them. If you do not know a company that is calling you and do not feel they are legit, then you can go to http://www.dos.state.ny.us/corps/bus_entity_search.html and search their Business Entity Name at any time. If they are listed as a company doing business then they are a true and real company. The company name for which you two are complaining about is Brown, Andrews, and Scott llc they are a large firm based out of NY and use an attorney network to be able to file suit upon you in any state. I would also check your local and state criminal check fraud laws and that is what you could face if found guilty in your state under penal code 609 for check fraud. Do as you two wish but you will lose in the long run and then have them say I told you so. Good luck. Before you complain on this site for anything about an agency I would consider who and what I owe then pay it back. Payday loans are no joke when taken to court upon. You two will eventually find out as I believe both of you are ignoring the debt and them. This is no longer collections and if they have your case then they will eventually get you to pay. If it is with them or in the courts hands either way you will have to eventually pay their debts. Do the right thing and do research but do not hesitate to make an arrangement with them because they will file for suit and then you have no choice but to pay and it will be at a much higher price. Hope this helped the two of you out. If not they will see you in court eventually as it happened to me.