I have a friend who it both physically and mentally disabled. She has been treated for depression for 20 years and last year was diagnosed to also be bipolar. A few months ago, in a manic phase, she over drew her bank account by several hundred dollars. Her bank payed all but on $30 check. The bank, BofA, was nice enough to drop all the over draft fee's and work with her. She contacted the business she had written the one returned check to wanting to take care of it. She was told that they don't try to collect, they just turn it over to Lake County's Check Enforcement Program. She received a call from someone at the Check Enforcement Program and was told she needs to pay back the $30 plus a victim fee of $25. That would have been fine but they also are demanding that she pay them $35 in program fee's and another $110 for financial training. The training consists of a book that you read and complete at home and return to them. I find it outrageous that someone would have to pay $200 for a $30 bounced check.
She has been told that if she doesn't pay the $200 in full that the case will be turned over to the DA. In California, the law allows you to sue for three times the amount of a check written on a close account or insufficient funds. I told her to send them a money order for $90 and tell them if that's not enough, she wants a jury trial.
How can our county's DA office create what comes down to collection agency and charge whatever they want?
Does she really need to pay the whole $200?
Thanks for any help.
mike
She has been told that if she doesn't pay the $200 in full that the case will be turned over to the DA. In California, the law allows you to sue for three times the amount of a check written on a close account or insufficient funds. I told her to send them a money order for $90 and tell them if that's not enough, she wants a jury trial.
How can our county's DA office create what comes down to collection agency and charge whatever they want?
Does she really need to pay the whole $200?
Thanks for any help.
mike
