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onedef92
03-07-2014, 7:00am
Colo. Man to Go to Trial in May Over $42 Girl Scout Cookie Purchase

March 6, 2014

A Colorado man's purchase of $42 of Girl Scout cookies has led to a court date and more than $700 in debt for what he says was an error by a Girl Scout troop's bank.

Tad Osborn, an IT professional in Fort Collins, Colo., bought about a dozen boxes last year from a scout from his neighborhood. He wrote a check for $42 and enjoyed the cookies with his family.

Then last summer, he received a notice from a collection agency, informing him that his check had bounced and more than doubled his bill to $82, as first reported by CBS4.

He called the local Girl Scout troop who directed him to an office in Denver.

"When someone called me back, they said my account was marked as closed. That was the first sign that we had a problem here, because my account was not closed," he told ABCNews.com.

He explained to the Girl Scouts that his account was not closed, even asking his bank manager to send a letter that his account had remained opened.

Osborn said he believes the Girl Scouts' bank had an issue processing his check.

Rachelle Trujillo, a spokeswoman for the Girl Scouts of Colorado, declined to comment specifically about this case due to pending litigation but said the cookie operation is like any other large business. The state organization sells 3.5 million cookies.

"When a check is reported as bad debt by a troop's bank, the troop attempts to contact the customer and the council then attempts to resolve the debt," the organization's statement reads. "Like any other business, after multiple attempts to resolve, we use a professional collection agency."

"The problem is I was never notified," Osborn said, claiming he never received a phone call, letter or knock on the door notifying the check had bounced. "Because they never contacted me, I never had the chance to set this straight."

The debt collection agency, AAA Collectors Inc., sued Osborn for $739.85, the bulk of which is $450 in attorney fees, followed by court and principal costs.

An office manager for AAA Collectors Inc. declined to comment to ABCNews.com, explaining that the company is bound by federal law from discussing a collection with a third party.

Osborn had to pay $100 to file a legal response just so the agency doesn't win a judgment by default.

That cost was "the thing that really got me upset," he said.

The attorney for the agency, Randall Purvis, has asked Osborn if he wants to settle, Osborn said, but he declined. Purvis did not respond to a request for comment.

Today Osborn received a notice for a trial date of May 8, and he feels he will likely need to hire an attorney. He has filed a complaint with the state attorney general's office on Monday.

The legal headache hasn't prevented him from buying Girl Scout cookies this year however.

His daughter recently became a Girl Scout in an unrelated troop.

"I like the Girl scouts and their Girl Scout cookies," he said. "I have no problem donating the money to them. This is making me think twice about writing a check. Just cash -- lesson learned."

Mike Mercury
03-07-2014, 8:48am
"The problem is I was never notified," Osborn said, claiming he never received a phone call, letter or knock on the door notifying the check had bounced. "Because they never contacted me, I never had the chance to set this straight."


c'mon; he knew the check never went through... simply by his monthly bank statement not registering the $42 check.

Bill
03-07-2014, 9:04am
c'mon; he knew the check never went through... simply by his monthly bank statement not registering the $42 check.

That's true, but he might be one of those folks who doesn't actually take time to reconcile his checking account every month. The contention is, he was not made aware that there was a problem until notified by the debt collector. That seems reasonable and possible, and if the guy is correct that the checking account had funds and was active the whole time, then I would agree with him. I wouldn't want to be shaken down by a debt collector if I was in the right, either. I would do exactly what this guy did, except I would never EVER buy a box of girl scout cookies again.

What isn't said here is, the Girl Scouts could have pressured the debt collection firm to just let it go once they had proof from the guy's bank that the check was good and the problem was on the GS's end, not his. The GS's could have threatened the debt collector with pulling their account and finding a new collection company if they didn't let it go. But they didn't.

Frankly, this sounds like a guy acting on principle, and I respect that, and would probably do exactly the same thing. I would rather pay an attorney to fight rather than pay something I did not owe. I hope he counter sues for his costs plus something for his inconvenience.

onedef92
03-07-2014, 9:05am
That's true, but he might be one of those folks who doesn't actually take time to reconcile his checking account every month.

Hell's bells! I reconcile mine every day!

mrvette
03-07-2014, 10:05am
I have NO such issues, as I use plastic money, not written a check for ANYTHING in over 2 years......plastic money spends SO easy too......:seasix:

Cybercowboy
03-07-2014, 10:13am
That's true, but he might be one of those folks who doesn't actually take time to reconcile his checking account every month.

Hell's bells! I reconcile mine every day!

If it wasn't for my wife, I'd be just like the guy in the OP. Nothing bores me more than something like reconciling a checking account. Nowadays we write so few checks that it's really not a big deal. My wife is still all over it and she hates when we write a check to a friend for something or other and they don't cash it for months on end.

I'm with Bill on this, there are a lot of people who wouldn't notice a $42 check not getting cashed. These kind of people are like me, they just make sure they have plenty of extra cash in their checking account. Plenty extra.

onedef92
03-07-2014, 10:20am
My wife is still all over it and she hates when we write a check to a friend for something or other and they don't cash it for months on end.

That's me. It sucks when people do that. Theresa wrote a check to our pastor last Nov. as part of an appreciation offering taken up during worship. She left her debit card in her other purse and we don't carry cash as a course of habit.

He didn't cash it for nearly three months. I suspect he had it in his suit coat pocket and happened to stumble upon it when he was taking it to the dry cleaners. :lol:

jaxgator
03-07-2014, 10:53am
I write maybe 5 checks a year. That's it.

Why even do that? I need one check per year (HOA dues) so I just get a money order for that. Everything else is either debit card or checking routing and account number for online bill payments.