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.
South Carolina 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 South Carolina Notice To Debt Collector - Depositing A Postdated Check Prior To The Date On The Check?
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FAQ
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.
Yes. Banks are permitted to pay checks even though payment occurs prior to the date of the check. A check is payable upon demand unless you submit a formal post-dating notice with your bank, possibly for a fee.
Postdated checks are checks written with a future date. Postdated checks can usually be cashed or deposited at any time unless the person who wrote the check specifically told their bank not to honor the check until a certain date.
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.
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.
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.
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.
It is legal for an individual to postdate a check, as well as for a bank to cash or deposit it.
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.
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.
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