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Re: Post dated checks???


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Posted by Why Chat (209.240.198.61) on October 10, 2002 at 21:37:25:

In Reply to: Re: Post dated checks??? posted by JR on October 10, 2002 at 20:02:16:


A solicitatin of a single post dated check no more than 10 days in advance is notillegal, however, a DEMAND for several post-dated checks more than 10 days in advance IS ILLEGAL.

c) Unfair practices (§1692f): A debt collector may not use unfair or unconscionable practices to collect a debt, including:
(i) collection of any amount not authorized by the contract or law; Patzka v.
Viterbo College, 917 F. Supp. 654 (WD Wis. 1996) (it is unconscionable
for a debt collector to collect any amount in excess of those charges
expressly authorized by the terms of the agreement);
(ii) accepting post-dated checks unless collector notifies debtor of intent to
deposit checks not more than 10 or less than 3 days before doing so;
(iii) soliciting post-dated checks for the purpose of threatening a crime;
(iv) depositing a check prior to the date thereon, or threatening to do so;



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