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.
District of Columbia 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
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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
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.
It is legal for an individual to postdate a check, as well as for a bank to cash or deposit it.
Generally, state law provides that if you notified your bank or credit union about a post-dated check a reasonable time before it received the check, your notice is valid for six months. During that time, the bank or credit union should not cash the check before the date you wrote on the check.
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.
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.
Postdating a check is done by writing a check for a future date instead of the actual date the check was written. This is typically done with the intention that the check recipient will not cash or deposit the check until the future indicated date.
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.
If the bank does not spot that the cheque has been post-dated, the cheque would then probably be paid before you intended or returned unpaid if you have insufficient funds in your account. This could potentially incur you charges and cause inconvenience to the recipient.
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.
