post dated checks

[lizzylizzy]

California. I have a problem with post dated check now. I checked the bulletin and read some messages about this, but it seems that only banks are invovled. Does the person who deposits the post dated check before the date specified on the check have any responsibility for the charges caused, like the overdraft fee or similar charges? Thanks!

 

[JETX]

Was the check written to a 'debt collector'??
If so, the depositing of that check prior to the date would be a violation of the FDCPA (15 USC 1692f), "the following
conduct is a violation of this section:
(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument."
See: http://www.cccsmidwest.org/education/basicsof/pdc.cfm

However, if the check was NOT to a debt collector, then the bank CAN accept and pay on that check. Under the revised UCC (Uniform Commercial Code), a postdated check may be honored by the drawee bank unless the holder of the account has notified the bank of the postdating and specified that the check is not to be paid before its date. (See Section 4-401 of the UCC for further details on notices of postdating.)

 

[lizzylizzy]

California. Thanks for the information. I checked some documents and found the definition of a 'debt collector' to be an agency or lawyer that collects debts regularly. In this case the person who deposits the check is an individual, and the check is paid to his own name. This seems not a debt collector under FFDCPA, and the check has something to do with the return of security deposit and rent. The UCC seems to regulate the banking behavior, I understand it as bank has no responsibility for the earlier payment of the post dated check. But is there any law or state code which says an individual cannot deposit or cash the post dated check prematurely? May be my question can be interpreted as, under Californian law, can an individual be defined as a debt collector? And what could be the result if
this is the case, should he be arrested or be subject to any charges like the overdrafting fees charged by the drawee's bank to the person who wrote the post dated check?

Thanks!!