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.
Arizona Notice to Debt Collector - Depositing a Postdated Check Prior to the Date on the Check
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Multi-State
Control #:
US-DCPA-43
Format:
Word;
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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
To simply put, post-dated cheque is one which is drawn with a date which is after the date on which cheque was written.. Since the amount is receivable in future it is considered as accounts receivable.
Can a bank or credit union cash a post-dated check before the date on the check? 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.
Depositing a postdated check a day early may cause the check writer's bank to attempt to pay the check immediately. If the check writer does not yet have the funds in his bank account, this will cause the check to "bounce," or be returned for nonsufficient funds.
In most cases, when you receive a postdated check, you can deposit or cash a postdated check at any time. Debt collectors may be prohibited from processing a check before the date on the check, but most individuals are free to take postdated checks to the bank immediately.
If a post-dated cheque you wrote is mistakenly processed before its date, you should contact your bank to let them know. The cheque can be returned and the amount credited back to your account up to the day before the date written on the cheque.
Federal law restricts what a debt collector can and cannot do with your postdated check. Specifically, under the Fair Debt Collection Practices Act (FDCPA), a debt collector cannot: coerce you into making a postdated payment by threatening or instituting criminal prosecution.
Postdated checks are legal. However, it is illegal to write a check when you know you don't have the funds to cover it, even if you hope to have the funds later. 1 It is also illegal to pretend to pay someone without actually intending to do so.
Can a bank or credit union cash a post-dated check before the date on the check? 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.
So, yes, you can deposit a post-dated check before the date shown, but it isn't advised. Be prepared for the possibility that the check funds won't be available. Not only do you not want to incur an insufficient funds fee, you don't want to go through the trouble of obtaining a reissued check.
A signed check immediately becomes legal tender that a bank can deposit or cash before the indicated date on the check. Therefore, a bank will be able to accept a check if it is dated and signed. Ask your bank or credit union for their specific policy for postdated checks in their account disclosures.