EPN,INC. Attorney Kevin G. Richards (5339)EPN,INC. Attorney Kevin G. Richards (5339) Charged over $400 for a $20 returned check Provo Utah

First let me say thank you for taking the initiative to respond. I know several of us whine about things that we probably deserve. But! I don't think I whining!

I understand legitimate, fees. I also understand that it's my fault.
The first fees are reasonable. $20 return check fee, charges to me by either Carl's Jr. or the collection company. The other $20 fee, well I don't completely understand but like you explain they had to pay for all there stuff and employees based on products sold.

OKAY! So far, but $100 damages, and $250 attorney fees, and whatever it cost to serve me the papers. They can't serve by certified mail. But, I wouldn't have minded getting a notification that way before they went to attorney's office.

I think they were purposely very obscure in their notification, so that they could
stick to me! I never was notified about this check by them. After I got served the court papers I called them and try to work it out. Which I have already mentioned, they wouldn't settle for less than around $400, and if I didn't settle in 10 days they would then file it with the court and add the additional $50 filing fee.

Back to talking about the notification from them, they claim that they called, talked to someone, I think it was a child. They also claim they sent a letter. Maybe so, I had a problem with my account and my bills for that matter. For the most part my mail gets put in a stack and I try to get to it all. Anyway I bounced several checks and started paying for them as I had the money to.
NONE of the other collectors, and there were several for higher amounts, resorted to the courts. I REPEAT, NONE, ABSOLUTELY NONE OF THE OTHERS!

So if they would have at least sent me a certified letter before going to the attorney's office, then I definitely would have taken notice. The attorney's office in the same office with them, they work it together, now there's a $250 attorney fee. That is what brought up around $400. Now let's be reasonable. I actually called Carl's Jr. and they knew nothing about this. They had already been paid for the check. These collectors were milking it for all they could get.

Yes, I was notified by my bank that the returned the check unpaid. My bank charged me $34, for this, and the way I understand it, is most companies have their checks automatically try 2 times before they get returned to them. So that's another $34. YES! Again it's my fault. I did it.

The fees kept adding up. The attorney and I had to appear at a pre-trial hearing. There's more fees added on.

So, when they called and negotiated, I, of course mentioned the original $150 that I was willing to settle for. She began to list all the fees they had paid. So I said I wasn't willing to pay more than $200. She said she would go talk to them and call me back.

THEY ACCEPTED! I COULDN'T BELIEVE IT!
If they would have taken my $150 offer several months before they would have saved time and money. They were just trying to milk me for all they could get. They lost this time, but how many other poor suckers to they CON this way?

Any way I could go on and on and onAny way, I'll state it: I WON!!!

Thanks to everyone for their feed back.

Here's a scenario for those who think it isn't right to pay $112 for a bad $20 check:

You give me a check for $20 when you buy that used chainsaw at my garage sale. I deposit your check in my bank and 10 days later my bank returns the check to me for "insufficient fund" and also notifies me that my account has been charged the bank's $25 returned check fee.

I contact you and you tell me "sorry, I don't have $20 right now, but I'll make good on it when I can." Wait a minute, right now I'm out the $20 you owe me plust the $25 my bank charged because of your bad check - $45 so far.

So I file in small claims court against you - and pay the $17 filing fee. Now I'm out $62 trying to get my money.

I pay $50 to have you served because when I mail you the service, you refuse delivery of the certified mail. Gosh, now I'm out $112!

You get the service, which lists these expenses and you call me to offer $50 as settlement. Guess what? You owe me $112!

If you offer me anything less than $112 we're going to court and I will win everything listed in this scenario. Some might think it's rediculous to pay $112 for a $20 check but that's what your bad check has cost me - not to mention my time away from my normal work (not recoverable in Erie County Small Claims.) I also can't recover any legal fees I might incur if I consult with an attorney.

What would you think about these fees if the shoe was on the other foot? What if I gave you a $20 bad check?

After several months 1week before court they called me and wanted to settle. We settled for $200.

Still ridiculous, "but they had their expenses." I still feel fortunate, I didn't really want to go to court.

First, I realize that the intent of this site is not to have threads of dialog.
This will probably be my last response unless there's a real update to report.

I want to thank all those wo have postesd real valuable ideas and information, with the positive feedback, as well as real valuable sugestions. I hope this whole ordeal will allow others in the future to gain additional info. and resources for ideas. There has been several exellent feed back rerports. Please keep them comming.

AS for "k" like I said you are entitled to your opinion, but I think it is a waste of valuable dialog space. Unless you have some real advice for all us, as you would put it, "loosers" then don't waste the space and clutter up this dialog. It is realing a waste of your time and all of ours reading you criticsism. You can find a Bolg somewher where you can share these feelings. You can tell us where and we can then go to read it if we choose.

One last thought, and then I wou't waste anymore time and space with dialog exchange.

"K" I guess you have never made a real mistake, and felt that you have fallen victim to a real farse. I made an honest mistake and have been setting it right. No I didn't go back through my return reports but rather I waited for the collection companies to contact me in their timely manner and collect their due fees for their collection services. I don't feel that if a company is purposely being cunning and trying to bennifit from my muistake. They are hired or set up by the business to collect on the checks that get returned for them. This way they don't waste valuable time tracking down monies which they should have received when the service was rendered. So in this matter they usually don't want to be bothered with customers calling to talk about their mistake and how to make it right. they just turn them over to their collection group to manage this. That is the idea of the legal fees to gain their due moneys. But again It shouldn't include freaking taking legal action before all other attempts have been exhausted. That is the service they pay for. Not to harass their normally paying good customers who make a honest mistake.

I really think this EPN, purposely did a very minimal collection effrort in notifying me. Again I assert that I wasn't properly notified on how to pay my due share and put this mistake behind me.

Instead I think this is a scheme to collect as much as they can on another poor imbecel's mistake.

I have never contested that I didn't make a mistake. However, I wasn't given reasonable way to fix it. They are trying to stick it to me to make up for all the ones who duck and run. The ones they never collect on. I haven't tried to change my address or phone number or account to try to advoid taking care of my responsibilty.

ENOUGH WASTED TIME ON THIS!

I'll do what I have to do to resolve this matter. I just don't have the money to pay the huge amount for this small mistake. If I had it I would pay it just to make it go away.

The law firm/CA would only need to prove in their notes that they mailed a letter on such date and maybe a phone call was placed on such date, at that time they have made every attempt they need to do legally. They are not required to, nor will I assume they will accept ANY settlement on the account, they have no reason to. They can't be held responsible for you, 1. bouncing the check, 2. not repaying in a timely manner. They are not required to mail you anything certified, unless it's in court and the court requires it. If they left a message with a child, then you should look at the child and find out why they didnt give you the message, or if they cant deliver messages properly, maybe they shouldn't answer the phone. Whoever the check was wrote to, has been paid by a check guarantee company (in most cases), but the check is still outstanding and owed.

Retract part of my first file. After reading it I found some typo's. I'm not going into that now and change it. Hopefully, it makes sense.

BUT WHAT I WANT TO RETRACT.... Is my use of profanity, I disguised it, as every one else does, by *** out some of the letters. I wish to remove this as it doesn't reflect my true feelings, even though I am frustrated. Further it shows a lack of intelligence, not being able to use other descriptive words. Change it to idiots, or morons or some other derogatory description.

Thanks (Even to you "K")

John

"K" Thank you for you comments. I'm sorry to offend, but this just din't seem fair. I guess no excuses is what your saying. I thought I already said I' nnot making a excuse. I'm not whining either. I'm just saying this just doesn't seem right. I want to settle reasonably. "K" do you think this is reasonable? I made a mistake. I guess I should keep better track of my account. I want to make it right. But over $400 for a $20 mistake.

Yes no excuse, but may I offer some explanation. One error created a chain reaction of several checks bouncing. I was around Christmas time. MY wife or I didn't keep the best of records on our checking account. Okay, a check bounces and charges a $34 fee, which then causes several others to bounce. Before I know it I'm several hundred in the RED. I can't solve this problem immediately. I don't have the money. Paydays are big enough to solve it all either. But I wait and as I receive notices from the various companies that received the dishonored checks. I work something out with them. Somehow this one was neglected in a bunch, or as I contend I never received it. A phone call, which is claimed by the prosecution, was made. They said they told a child to have me contact them. I never received this message.

My complaiint is they were being obscure as possible to trap me in my mistake.
Not making me fully aware of this until they racked up a bill and then serve me legal papers.

Shouldn't they be required to get my attention with a certified letter, before they sue me. Something they can prove I received.

Carl's JR isn't even aware of the lawsuit. Their not getting any money. EPN and the lawyer (LIAR) are splitting it up.

Now come on is this reasonable. I'll settle for a reasonable amount, BUT NO they drag it out and cherge me more. Now it's my job to pay another attorney (LIAR) to get some money out of me for protecting my rights. Either way someone is enjoying a round of golf on me. Or perhaps making their Lexus payment.

LET'S BE REASONABLE!!!
I'll settle this for $150, again for a $20 check, that I was nerv sent notice of who was collecting, just to make it go away. But no they want to stick it to me.

Sorry this offends you so much "K" I do appereciate you taking time to comment and I'll take notice of it. Your entilted to you opinion. That's what make this such a great website. We can all voice our opinions.

K, Elaine, Steve [Not a Lawyer] etc. they are all the same. Condescending jerks towards people with financial problems like John. Did John screw up? Yes. Does John need to be ripped off for it? No. Does John need to be put down and ridiculed? No. Does John need to pay a "fair" amount for what he did? Yes. I agree people come to get advice and instead find the likes of K ready to pounce on them.

Steve [Not a Lawyer] stole $170,000 from his creditors but will tell people on the ROR how to manage their money! I wish Ed would delete accounts for people like K, Elaine and Steve [Not a Lawyer] when they attack people with financial problems.

Best regards,

I'm having a great time. Debtors like this need to grow up and quit playing victim.

Other's will be along shortly with great advise ... you might want to contact your attorney general's office or consult with legal aid or an consumer advocate attorney in your area because it does sound like you are being railroaded ....

K - Wichita, Kansas - Are you having a bad time? I'm concerned that perhaps things are not going well for you. Your recent comments have been exceedingly hostile towards posters. Posters are coming to this site for recommendations / solutions not to be belittled for situations they are in.

Dont start this, "if only I had known" crap. Your bank is required to send you notice of ANY returned item on your account. Do you not read your statements each month? That isn't the attorneys problem or the banks, they notified you.