A debt collector may not use unfair or unconscionable means to collect a debt. This includes depositing a postdated check prior to the date on the check.
Collector Post Dated Check For Car
Category:
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Multi-State
Control #:
US-DCPA-43
Format:
Word;
Rich Text
Instant download
Description
Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.
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How to fill out Notice To Debt Collector - Depositing A Postdated Check Prior To The Date On The Check?
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FAQ
The working of a post-dated cheque is quite simple. Like any other regular cheque, fill out the required. However, instead of adding the current date in the date section, add the date when you want the cheque to be deposited or cashed. The date you add to the cheque acts as a timer for the payee.
How to Request Debt Verification. To request verification, send a letter to the collection agency stating that you dispute the validity of the debt and that you want documentation verifying the debt. Also, request the name and address of the original creditor.
You'll need to check the specific laws for your respective state, but postdated checks are generally legal to write in the United States.
The FDCPA says that it's illegal for a debt collector to take a check that is postdated by more than five days, unless the consumer is notified in writing of the debt collector's intent to deposit the check between 10 and three days prior to the deposit.
Although you can ask for many details, debt collectors are only required to provide information on the original creditor, the balance owed and the name of the person who owes the debt before resuming collection efforts.