checks in georgia

[Michael Cloke]

i am in georgia, mailing checks to texas. the checks are mailed on or about the 10th of each month. they are postdated for the 25th of the month, but sometimes they are deposited as soon as the 15th or 16th. no financial bind on my part, i just thought the creditor had to give you some type of notice if they were going to deposit the check ahead of time. this relates to a question i had about a legally binding contract, where i added a few stipulations to the existing agreement, and noted that on the check. see post 08SEP00 "what constitutes a legally binding agreement" i would like to nail a collection agency to the wall.

 

[JETX]

Nope, the creditor has no obligation to 'advise' you that he is going to deposit the check that you offered.

Now, if your question were "does the bank have any authority to accept a post- or pre-dated check? That would be a different issue."

Also, as a follow-up to your 'other' question; no you cannot modify an existing contract by making a notation on a check. Part of this is that the check is not a binding contractual document between you and the check receiver. In simple terms, the check is an 'authorization' for your bank to transfer funds that they hold on your behalf to the payees bank and account. There is no contractual relationship directly linking the check to the payee. Additionally, the person (if one does) who endorses the check would probably not have the authority to modify the contract.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

 

[Michael Cloke]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Halket:
Nope, the creditor has no obligation to 'advise' you that he is going to deposit the check that you offered.

Now, if your question were "does the bank have any authority to accept a post- or pre-dated check? That would be a different issue."

Also, as a follow-up to your 'other' question; no you cannot modify an existing contract by making a notation on a check. Part of this is that the check is not a binding contractual document between you and the check receiver. In simple terms, the check is an 'authorization' for your bank to transfer funds that they hold on your behalf to the payees bank and account. There is no contractual relationship directly linking the check to the payee. Additionally, the person (if one does) who endorses the check would probably not have the authority to modify the contract.

<HR></BLOCKQUOTE>
i remember reading something about a creditor having to give a mimimum of 3 days notice and no more than 10 days notice (or something to that effect) in a copy of a Fair Debt Collection Practices Act ( which i think is part of USC15 SEC1692). As for the stipulations, they were sent in as an addendum to the original repayment schedule agreement. every check sent afterward had the stipulations referenced on it.

by the way, Mr. Halket Judgement Recovery would not be some type of collection agency, would it? thanks for the previous reply