Check Processing Bureau Enforcement Division New York, New York

The threat of criminal prosecution where no crime has actually been committed is, in many states, considered extortion. It generally fits the common law definition of extortion.

The issue isn't quite that simple, however. If they are negligently (as opposed to purposefully) seeking to collect on an inaccurate debt, i.e. they simply have the wrong person, then the elements of extortion aren't met.

You would be more looking at violations of debt collection laws. For instance, it is a violation of the FDCPA to state, in connection with the collection of a debt, that something is a crime where it is not. Generally, the passing of a bad check is only a crime in very limited circumstances. Otherwise, it's a purely civil matter.

Further, it is a violation of the FDCPA to levy threats of criminal or civil prosecution where such is not allowed by the law or where the collector does not in fact intend to take such actions.

Finally, be sure to take advantage of your rights under the FDCPA and 1) demand validation of the debt in writing; and 2) dispute your liability on the debt. If you take these actions and they still keep hounding you, come back for further advice.

The threat of criminal prosecution where no crime has actually been committed is, in many states, considered extortion. It generally fits the common law definition of extortion.

The issue isn't quite that simple, however. If they are negligently (as opposed to purposefully) seeking to collect on an inaccurate debt, i.e. they simply have the wrong person, then the elements of extortion aren't met.

You would be more looking at violations of debt collection laws. For instance, it is a violation of the FDCPA to state, in connection with the collection of a debt, that something is a crime where it is not. Generally, the passing of a bad check is only a crime in very limited circumstances. Otherwise, it's a purely civil matter.

Further, it is a violation of the FDCPA to levy threats of criminal or civil prosecution where such is not allowed by the law or where the collector does not in fact intend to take such actions.

Finally, be sure to take advantage of your rights under the FDCPA and 1) demand validation of the debt in writing; and 2) dispute your liability on the debt. If you take these actions and they still keep hounding you, come back for further advice.

The threat of criminal prosecution where no crime has actually been committed is, in many states, considered extortion. It generally fits the common law definition of extortion.

The issue isn't quite that simple, however. If they are negligently (as opposed to purposefully) seeking to collect on an inaccurate debt, i.e. they simply have the wrong person, then the elements of extortion aren't met.

You would be more looking at violations of debt collection laws. For instance, it is a violation of the FDCPA to state, in connection with the collection of a debt, that something is a crime where it is not. Generally, the passing of a bad check is only a crime in very limited circumstances. Otherwise, it's a purely civil matter.

Further, it is a violation of the FDCPA to levy threats of criminal or civil prosecution where such is not allowed by the law or where the collector does not in fact intend to take such actions.

Finally, be sure to take advantage of your rights under the FDCPA and 1) demand validation of the debt in writing; and 2) dispute your liability on the debt. If you take these actions and they still keep hounding you, come back for further advice.

The threat of criminal prosecution where no crime has actually been committed is, in many states, considered extortion. It generally fits the common law definition of extortion.

The issue isn't quite that simple, however. If they are negligently (as opposed to purposefully) seeking to collect on an inaccurate debt, i.e. they simply have the wrong person, then the elements of extortion aren't met.

You would be more looking at violations of debt collection laws. For instance, it is a violation of the FDCPA to state, in connection with the collection of a debt, that something is a crime where it is not. Generally, the passing of a bad check is only a crime in very limited circumstances. Otherwise, it's a purely civil matter.

Further, it is a violation of the FDCPA to levy threats of criminal or civil prosecution where such is not allowed by the law or where the collector does not in fact intend to take such actions.

Finally, be sure to take advantage of your rights under the FDCPA and 1) demand validation of the debt in writing; and 2) dispute your liability on the debt. If you take these actions and they still keep hounding you, come back for further advice.