Re: Post-dating checks

Posted by LadynRed (68.52.127.174) on July 02, 2004 at 20:19:08:

In Reply to: Post-dating checks posted by Kris on July 02, 2004 at 15:54:37:

Demanding a check post-dated by more than 5 days is a violation of the FDCPA and they can ONLY ask for the post-dated check IF they notify you IN WRITING that they are going to then deposit it.

"§ 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. "

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