Collector Postdated Check With Check

State:
Multi-State
Control #:
US-DCPA-43
Format:
Word; 
Rich Text
Instant download

Description

The Collector Postdated Check with Check form is designed to assist users in addressing violations related to the deposit of postdated checks by debt collectors, as prohibited under Section 808 of the Fair Debt Collection Practices Act (FDCPA). It consists of two key letters: the first serves as a notice of violation to the debt collector, detailing the specific instance of the statutory breach, while the second acts as a follow-up notice highlighting repeated offenses. Users are instructed to clearly describe the violations and include relevant case numbers. To ensure proof of mailing, the letters should be sent via certified or registered mail with a return receipt requested. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it provides structured templates to initiate formal complaints against debt collection practices, helping to protect the rights of clients. Additionally, it emphasizes the importance of documenting repeat violations for possible civil action. Overall, the form aims to enhance accountability among debt collectors while supporting consumers in asserting their rights under the FDCPA.
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  • Preview Notice to Debt Collector - Depositing a Postdated Check Prior to the Date on the Check
  • Preview Notice to Debt Collector - Depositing a Postdated Check Prior to the Date on the Check
  • Preview Notice to Debt Collector - Depositing a Postdated Check Prior to the Date on the Check
  • Preview Notice to Debt Collector - Depositing a Postdated Check Prior to the Date on the Check

How to fill out Notice To Debt Collector - Depositing A Postdated Check Prior To The Date On The Check?

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FAQ

A postdated check is one that is written with a future date indicated on it. This is usually done to account for an anticipated delay in deposit. For example, you may decide you would like to postdate a check if you are sending in a bill payment earlier than the due date.

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.

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.

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.

?From a criminal law perspective, there is nothing inherently illegal about postdating a check,? says Eric Hintz, a criminal defense attorney in Sacramento, California. Hintz says that only criminal intent, such as intentionally not having enough money for a payment, can be grounds for check fraud.

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Collector Postdated Check With Check