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GUSTAFSON
LAW
OFFICE
COLORADO SPRINGS DEBT COLLECTION
INSUFFICIENT FUNDS -
NSF CHECKS
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WELCOME |
Phone (719)
260-1002 |
Fax
(719) 260-1003  |
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perhaps I will become your attorney
Address
* Maps
* Directions
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Robert D.
Gustafson * Attorney at Law * Colorado Springs
Business Hours
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Attorney
Availability
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Trade Area
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Toll Free (800)
410-1002
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NOTICE:
Due to current
workload, attorney is not accepting new debt collection cases at this time.
"NO VACANCY" |
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attorney is
exercising caseload management
this is a temporary cessation of new business acceptance |
please feel free
to check back in the near future
attorney usually welcomes new representation inquiries |
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during the interim, information contained in this website
remains available at no cost to site visitors |
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existing clients are always welcome
to call or email |
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new
prospective clients may wish to call
Attorney
Dave Kelly -
Phone (719) 577-4466
uncompensated
courtesy referral - no affiliation or business relationship |
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INSUFFICIENT FUNDS - NSF CHECKS
COLORADO SPRINGS DEBT COLLECTION
Colorado Springs Attorney - Trial Practice 25+ Years Colorado State Courts & Colorado
Springs Municipal Court |
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DEBTOR'S
BANK - RESOURCE |
LITIGATION
FACE VALUE AND ADMINISTRATIVE CHARGE |
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LITIGATION - PUNITIVE DAMAGES |
LITIGATION - CRIMINAL CHARGES
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CIVIL
STATUTES OF LIMITATIONS
Refer to link - lawsuit or enforcement may be barred
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RECOVERY
OF ATTORNEY'S FEES &
COSTS
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INDEPENDENT SERVICE PROVIDERS |
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ATTORNEY'S
FEES AND COSTS |
DO I NEED AN ATTORNEY?
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ATTORNEY
POLICIES
Attorney
Representation & Declined Matters
Legal Advice
Limited to Clients - Not General Public
Pro Bono Representation or Installment Payment
Representation Now - Another Attorney or Self
Post Judgment - Enforcement or Appeal
Cases Outside Colorado
Springs - Travel |
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general information, skip tracing, asset search, co-maker notices,
notice of right to cure, cure of default, fair debt collection
practices, collection conduct, validation of debt, overshadowing,
interest, recovery of fees & costs |
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OTHER TOPICS |
Family Law |
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DUI Defense |
Traffic Defense |
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Litigation * *
NSF Checks * *
Replevin & Liens * *
Statutes of Limitations |
Criminal Defense |
Colorado DMV |
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Resources
& Links |
Attorney - Client |
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PRIVATE ATTORNEY
NOT A COLLECTION
AGENCY |
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I will represent creditors only
collecting
accounts receivable or debt |
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if you are a consumer or debtor
defending against a creditor claim
please do not email or call seeking advice or
representation
you may click the stop sign to find
a lawyer anywhere |
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Colorado Creditor Debt
Collection - Insufficient Funds Checks or NSF Checks - remedies. bank checking
accounts, bank collection teller, closed account, returned check charge,
administrative charge, litigation, lawsuit, treble damages, statute of
limitations, fraud by check criminal charges.
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Many businesses simply deposit an
NSF check again in their own account. The creditor's bank will likely
process the check through normal banking channels a second time, but no
more. That procedure is convenient, but perhaps not the most effective
remedy. Time is lost if the check is again returned NSF, and creditor's
bank may have a service fee for the charge backs.
Debtor's bank may possibly solve
the NSF check problem. Rather than re-deposit, the first step to
collecting an NSF check is to contact the bookkeeping department of debtor's
bank - the address and phone number are frequently printed in the bottom right
corner of the check. If there are sufficient funds in the debtor's account
to clear the check, it may be prudent to drive to debtor's bank and cash the
check on the spot. Problem solved, particularly if the check is for a
large amount or the creditor is in need of the cash flow. Additionally,
this precludes another check slipping in depleting the account balance to the
point where creditor's check will not clear.
However, production at debtor's
bank may be impractical if the bank is out of town or the check amount is
small. Also, there may not be sufficient funds in the account to clear the
check at the time of creditor's phone call. After talking with
bookkeeping, ask to speak to the collection teller - all banks have one.
Obtain the collection teller's name, and inquire of 1.) the cost to submit a
check for collection and 2.) how long the check will be held. Some banks
provide collection service at no cost, others charge for the service. Some
banks will hold the checks only 2 or 3 days, others will hold for extended
periods of time. Each morning before commencement of business, the
collection teller will check the debtor's account to determine whether
sufficient funds are on deposit to clear the submitted check. If so, the
NSF check will be paid before any other business of the day and the bank's
payment will be mailed to the creditor. As with production at debtor's
bank, this is an effective remedy to solve the problem.
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LITIGATION
FACE VALUE AND ADMINISTRATIVE CHARGE |
Creditor must know the debtor's
whereabouts. If unknown,
skip tracing may be required.
When a person obtains money,
merchandise, property, or other thing of value, or makes any payment of any
obligation other than an obligation on a consumer credit transaction as defined
in CRS 5-1-301, by means of making any check, draft, or order for the payment of
money upon any bank, depository, person, firm, or corporation, and when the
instrument is not paid upon its presentment, that person is liable to the holder
of such check, draft, or order or any assignee for collection for one of the
following.
a. The face amount of the check, draft, or order plus actual damages
determined in accordance with the provisions of the "Uniform Commercial
Code", title 4, CRS; or
b. 1. An amount equal to the face amount of the check, draft, or
order and:
2. The amount of any reasonable posted or contractual charge not exceeding
twenty dollars.
CRS 13-21-109(1)
The
Statute of
Limitations is 6
years. CRS 13-80-103.5(1)(c)
Unless the check is cashed at
debtor's bank, demand should immediately be made upon debtor for cash payment to
redeem the check, plus administrative fee. This would be followed with
litigation if the NSF check unpaid.
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LITIGATION
PUNITIVE DAMAGES |
If statutorily required written notice of
nonpayment has been given and the total amount due as set forth in the notice
has not been paid within fifteen days after such notice is given, instead of the
amounts set forth above, the person shall be liable to the holder or any
assignee for collection for three times the face amount of the check but not
less than one hundred dollars.
Treble damages
may not be collected if:
a. there was sufficient money in the account to cover all checks - bank error
b. the check bounced because a paycheck deposited in the account bounced
c. the account was garnished without prior notice
d. the maker was incompetent or a minor
e. the making was induced by fraud or duress
f. the transaction lacked consideration or was illegal
CRS 13-21-109(2)
The
Statute of
Limitations is 2
years. CRS 13-80-102(1)(k)
Unless the check is cashed at
debtor's bank, demand should immediately be made upon debtor for treble damages
($100 minimum) if the NSF check has not been cured within fifteen days.
This would be followed with litigation if the NSF check unpaid.
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OTHER
NSF CHECK ISSUES
refer to links for information |
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Lawsuit or enforcement may be barred
Each remedy referenced in this NSF Check web page contains specific
time limitations
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LITIGATION
CRIMINAL CHARGES |
Knowingly writing a bad
check is not only discourteous, it is a crime - fraud by check. CRS
18-5-205
CRS 18-5-205(4) provides: Any person having acquired rights
with respect to a check which is not paid because the drawer has insufficient
funds shall have standing to file a complaint under this section, whether or not
he is the payee, holder, or bearer of the check.
Criminal
Statute of
Limitations
Refer to the link for the
period of time in which a criminal prosecution must be initiated or is barred.
Upon criminal
conviction, restitution is a mandatory condition of deferred sentence, home
detention, jail alternatives, probation or intensive supervision probation
programs (ISP). CRS §§ 18-1.3-102, 105, 106, 204, 205, 207, 208, etc.
IMPORTANT: It would be
unlawful to threaten criminal prosecution to collect an NSF check. That
would constitute an unfair debt collection practice in violation of the
FDCPA and CFDCPA, and more importantly, would be a sufficient factual basis to
support criminal prosecution for extortion (F-4). CRS 18-3-207
Regarding penalties, refer to link -
Class
4 Felony.
Although it is a crime to threaten prosecution,
absent prior threat, it is not a
crime to actually refer the NSF check to the
DA
Office for prosecution or directly file a criminal complaint.
Prosecution remedy remains available.
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INDEPENDENT SERVICE PROVIDERS |
Where relevant, I utilize
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel.
If retained by counsel as an
agent of the attorney, such independent service providers are bound by the
attorney-client privilege. If retained privately by the client, no such
agency or confidentiality exists.
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Do I need an attorney?
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If you are reading this web
page, it's probably time to loosen the pocket book and
hire a collection attorney.
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The above self help collection tips may
be all a creditor needs to convert an NSF check into a cashier's check
without attorney's fees or costs.
If not,
businesses turn to counsel because they have insufficient time or
expertise to enforce. If a creditor even
contemplates referring the check to counsel for collection, do not commence
self help remedies. You need not retain my services, but
retain a collection attorney to proceed with lawful enforcement.
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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I
welcome representation inquiries however please refer to
first
consultation - the purpose is not to provide free legal advice to the
general public. Unless seeking to retain counsel, please do not email or
call. I do not provide legal opinions, answers or information in response
to questions submitted from non-clients. Given the scope of internet
accessibility I can not be the free "Colorado answer man" and will
politely decline.
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ALTERNATIVES
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FIND
A LAWYER |
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if
you are seeking the below
please refer to above links for helpful information
sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare or Defend Own Collection Lawsuit |
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1.
Adequate Time. If sufficient time exists to adequately prepare your
collection lawsuit and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your collection lawsuit before a
limitation deadline or contested court hearing, please do not call. I decline. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation of your own
collection lawsuit. I decline. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up." Please be aware fees and costs will be associated with procuring
relevant documentation, the court file and coming up to speed in the case.
Attorney would be less likely to accept a new
case on a contingency fee basis in the event of prior
representation. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
collection lawsuit and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
3.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your collection lawsuit before a
limitation deadline or contested court hearing, please do not call. I decline. |
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4.
Second Opinion.
I will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation in your current collection
lawsuit. I decline. |
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POST
JUDGMENT MATTERS
Attorney
Policies
alternatives and find a
lawyer links provided as a courtesy
former clients are naturally welcome to call anytime
regarding any legal matter |
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1.
Post Judgment Enforcement.
Prospective client has been awarded a judgment, but it seems like
a worthless piece of paper - you've gotten bogged down and are
unable to convert the court order to cash.
I will review post judgment requests
to enforce a lawful judgment with the goal of acceptance. Depending
on
enforcement issues apparent at the time retained, attorney reserves the right to quote fees
either upon a contingency basis or hourly basis. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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Appeal.
Prospective client has lost the case through default judgment,
summary judgment or
trial on the merits, had damages awarded against prospective client or a set-off
awarded. I do not
accept debt collection or other civil appeals unless I provided
representation during the underlying case in chief at the trial
court level and am familiar with the facts,
testimony and exhibits received into evidence
and meritorious issues for appeal. That's been my policy for years. Please do not
call or inquire regarding appellate matters if you are not a
former client. |
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CASES
OUTSIDE EL PASO COUNTY
ECONOMIC CONSIDERATIONS
Geographic Distance - Travel
Time, Mileage and Expense
Colorado is a big
state. Ease of internet access, email and toll free phone doesn't change
that fact. |
Attorney
is very willing to travel outside the Colorado Springs area to present a
case or
defend against counterclaim,
but please be aware
travel
time, mileage and expense would apply. If you are out of state or unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case.
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If
travel is necessary, a
trust
deposit
would be required to cover anticipated travel time, mileage & expenses. If it is not economically justifiable to retain my
services with travel,
please contact counsel in the locale of your case. |
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FIND
A LAWYER
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Please
be aware travel time, mileage and expenses would be billed
regardless of whether the fee structure is contingency fee, flat
fee, or hourly fee. |
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I welcome new cases.
Intent is not to be
harsh or to discard potential new business, but to be practical regarding
distance. |
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| ATTORNEY TRADE AREA |
| COUNTIES |
CITIES / TOWNS |
COUNTIES |
CITIES / TOWNS |
| El Paso County |
Colorado Springs / Fountain |
Pueblo County |
Pueblo |
| Teller County |
Cripple Creek |
Fremont County |
Canon City |
| Chaffee County |
Salida |
Custer County |
Westcliffe |
| Park County |
Fairplay |
Huerfano County |
Walsenburg |
| Douglas County |
Castle Rock |
Las Animas County |
Trinidad |
| Arapahoe County |
Littleton |
Crowley County |
Ordway |
| Arapahoe County - East |
Aurora |
Otero County |
La Junta |
| City and County of Denver |
Denver |
Bent County |
Las Animas |
| Jefferson County |
Golden |
Las Animas County |
Trinidad |
| Adams County |
Brighton |
Alamosa & Rio Grande |
Alamosa & Del Norte |
| Elbert County |
Kiowa |
Costilla County |
San Luis |
| Lincoln County |
Hugo (county seat) / Limon |
Conejos County |
Conejos / Antonito |
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please
feel free to call or email if you are a client or are seeking representation
FREE
INITIAL CONSULTATION
not an offer for free legal
advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve
the right to decline any legal matter
Secure On-Line
Payment
    
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Copyright © 2003 - All Rights Reserved - Document
Revised: May 09, 2008
no copyright claimed to merchant logo, software logo, flag, envelope or drawing images
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