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 Rent
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
Yes. Banks and credit unions generally don't have to wait until the date you put on a check to cash it. However, state law may require the bank or credit union to wait to cash the check if you give it reasonable notice.
A postdated check is a check that's written with a future date. For example, say you write out a check to pay your rent on the 28th of the month. However, your property owner gives you up to the first five days of the month to pay. You could write the check out and date it for the 3rd of the month instead of the 28th.
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.
Accept a check or other instrument post-dated by more than five days, unless the collector notifies the consumer, in writing, of any intention to deposit the check or instrument. That notice must be made not more than ten (10) or less than three (3) business days before the date of the deposit.
Postdating a check may be considered illegal if the check writer's account does not have the necessary funds to deposit the check, and if the writer's intent was to defraud at the time of issuing the check.