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  1. #1
    matternuop is offline Junior Member
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    PA - Post dated checks

    What is the name of your state? Pennsylvania

    A collection agency in Texas has contacted me to settle a $603 credit card debt. I am willing to make payments of $50 or more per month, which they have agreed to but they want me to send them eleven (11) post-dated checks by Friday this week (12-9-2006). I am totally uncomfortable with sending post-dated checks because if they decide to present them to my bank anyway, they will immediately receive $603 that I do not currently have to spare ... thanks to the fact that I have many other bills to pay at the same time.

    Question: should I believe them when they tell me they promise not to cash these checks until their dates? Or should I insist that I will send the checks monthly until the debt is paid in full?
  2. #2
    panzertanker is offline Senior Member
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    Quote Originally Posted by matternuop
    should I insist that I will send the checks monthly until the debt is paid in full?
    Yes. See above.
    I have noticed that even intelligent people ask assinine questions every now and again.
    Disclaimer: I know a few lawyers. None of them is named panzertanker.
  3. #3
    debtcollector` is offline Senior Member
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    Quote Originally Posted by matternuop
    What is the name of your state? Pennsylvania

    A collection agency in Texas has contacted me to settle a $603 credit card debt. I am willing to make payments of $50 or more per month, which they have agreed to but they want me to send them eleven (11) post-dated checks by Friday this week (12-9-2006). I am totally uncomfortable with sending post-dated checks because if they decide to present them to my bank anyway, they will immediately receive $603 that I do not currently have to spare ... thanks to the fact that I have many other bills to pay at the same time.

    Question: should I believe them when they tell me they promise not to cash these checks until their dates? Or should I insist that I will send the checks monthly until the debt is paid in full?
    I would send them in each dated appropriately. The FDCPA protects you here.
    If they deposit them early file suit.


    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:

    (1) ...

    (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) ...

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

    DC
  4. #4
    matternuop is offline Junior Member
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    PA - Post Dated Checks

    Thanks very much for the sound advice. I was smart enough last night to get them to fax me a signed letter on their letterhead that stated they would not try to cash any checks until the dates on the checks. But I also asked them to include the number of monthly checks that we agreed upon and the amount that those checks would be made out for, as well as the day of each month that each check would be dated. However, they refused to include that in the letter stating that their wording ("Per our convesation this letter will also verify that we will not deposit each check until the date on the check.") covered all of those points.

    Thanks again ... just wanted to make sure they weren't going to hurt me by cashing my checks too soon.
  5. #5
    wayne-o is offline Member
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    I had paid some bills off and got got up on cc payments by sending post dated checks. I never had problem with them depositing early....however, this is only my experience as I don't know what kind of company you are dealing with.

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