Re: Post dated checks???

Posted by jonathan a pressley (65.135.33.224) on June 12, 2003 at 20:33:52:

In Reply to: Re: Post dated checks??? posted by sean on October 19, 2002 at 11:50:43:

Any consumer collection agency that is attempting to collect your debt third party has no legal right whatsoever to 'demand' that you give them your checking information, your bank name, and surely not a series of post-dated checks. What I would suggest it that you record the conversations between yourself and the agency. The demand of post dates is a common technique and should they state that they will take specific action based on your refusal to provide them with your banking information I would retain counsel immediately. Hilariously enough, I am a Law Clerk of a Collection Attorney. Most of my day is in digging through laws relating to issues of consumer and commercial collections. Never give anyone your banking information. Never give a collection agency ANY information that they do not already have and ALWAYS demand that the provide you with a validation of the debt if you are unclear as to what it is, or dispute the actual amount. Many times agencies will add interest and 'late fees' when they legally have no right to. The ONLY time an agency can add fees is when the original contract has a stipulated clause allowing them to do so, and it generally is a very low amount of interest when they do. You have a right to demand this information and also a legal right to defend yourself when they refuse to comply with the law. Aside from the FDCPA and FCRA, there are numerous Federal and State law which outline your rights in these situations.

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