Question:
Bank returned check (less than $20) as uncollectable. Payee turned check
over to collection agency who is trying to collect amount of check plus
State allowed fee of $25 plus an additional $15 as a collection service fee.
Bank admitted error in returning check, will reimburse me the fee except the
$15. Bank says $15 additional fee is not allowed. Collection said if I
don't pay the additional fee they will sue. I admit I am being "anal" on
this, but as I read Florida Statute 68.05 collection agency can not charge
the additional fee. Am I correct, or can the collection agency collect the
additional fee.
Answer:
-I do not know whether Florida allows the collection of this fee (if not, you
might want to contact your attorney general's office to see if they want to
go after the agency), but it is *highly* unlikely that you would be sued for
$15.
-The chances of you being sued over this are practically zero. Forget
the fee and forget the collection agency. Go on about your life as if
they didn't exist.
