The court will hopefully have access to all the data. There is important information missing from the story, like how much time elapsed between the purchase of the cookies and the collection notice, etc. My opinion on this issue is no doubt influenced by the fact that I have to deal with bad check writers on occasion for work that I perform. It's just the same as being stolen from, imo. I also don't agree with the idea that once you write a check, your responsibility ends. For example, if the check gets lost or damaged before being cashed, it's not like you don't owe the money anymore. The other party may owe you a stop payment fee at that point, but you still owe the debt.
I find it suspect that the check was returned account closed (which under Check 21, it should have been electronically represented 2 additional times for a total of three returns).
Someone is lying. And it could be on the girl scouts end. Maybe the guy had a 4 in his account number and thanks to MICR it got taken as a 9 (three times...).
In that case, shame on the girl scouts or their bank for not stopping and looking at why the check was bouncing.
The million dollar question is what does this guy's bank statement look like?
To me, justice in this case would look like:
-Retrieve copies of customer's statements from the time period in question.
-If there is no indication the check bounced in the mailings the customer should have received, the collection should be voided less what he originally owed and he should be compensated his actual legal representation costs.
-If there is any indication on his statements he had that check returned he should be liable for these costs.
I have 0 sympathy for check bouncers who dont make it right.