Collection

[JasonRT]

Crusher, I agree with you... you just can't trust these bottom-feeding, scum-sucking 'debt collectors'. In every case of a 3rd party 'collector', you are best to send your payment directly to the original creditor and let them sort out the payment issue. They could return it to you, but you can then argue that they have refused to accept payment (it that might help you if needed later).

No, it would not help them later when the debtor was advised both in writing and over the telephone of who the legal assignee is. The problems this type of advice creates are those described by our poster. She will continue to suffer collection action because she is not remitting her payments to the proper place. It is absurd to do business in violation of the cardmember agreement which specifically provides for the assignment of the account to third parties. Sending payment to the original creditor is the worst thing you can do.

I also agree with Gottago.... do NOT send anyone a post-dated check. Once they receive it, they WILL deposit it!! If all (or even some) of the debt collectors out there would comply with the FDCPA, you might have some reason to count on it to protect you, but there are far more sleazy 'debt collectors' that violate the FDCPA than abide by it. So, don't rely on some 'promise' ("Honest, we wouldn't do that to you.... just send us a few of your signed checks!!"). Protect yourself by telling them.... NO!

This is absurd. Collection agencies do not deposit Post Dated checks in advance. Especially not those agencies that have been around for any length of time and are working for large, national banks. This would put them OUT OF BUSINESS - FAST. Agencies cannot blatantly violate the law and get away with it. Eventually, they will get caught. For someone who trumpets the FDCPA almost daily, I am surprised to see you throw it out the window so quickly Halket.

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[JasonRT]

For the benefit of everyone else, DO NOT send anyone post dated checks, regardless of what the law or the creditor/collector says.

Well, then also advise these people to be ready to come up with balances in full. If a person has assets the debtor is subjecting themselves to potential litigation by not sending in post-dated checks. They've already lied to the bank about sending in payments each month, why should the collection agency believe them??

I guarantee you that there are sleazy collectors out there who will cash those checks at any time they think they can get the money (they just keep calling your bank to check on funds in your account). Is it illegal? It depends. Does the law stop them from doing it? Not a chance. There's no way you're going to get anyone in law enforcement to pay attention to a matter like this.

And I guarantee you that there are sleazy people on the street who will steal your wallet. Does this mean you should stay in the house 24 hours a day? Of course not. Of course there are a few bad apples in any business. The law provides for strict penalties against those companies that violate it. It doesn't "depend" on anything. The law is clear. A third party may not deposit a check before the date written on the check. Period. This is a civil matter, of course the police wouldn't get involved. You're crazy to think they would be. You handle this in civil court, just as you would any other FDCPA violation. Only in this type of violation you have clear, documented, written proof of the violation. No agency that wanted to stay in business would be so stupid as to openly commit violations with ample documentation. The lawsuits would be rolling in the door faster than the checks themselves.

Collectors are very good at intimidating debtors. They will tell you anything to get you to pay. Ignore them, learn the law and pay your debts off as soon as possible, preferably directly to the original creditor.

This is the same misguided advice that got our poster into the trouble she's in. Don't send others down the same road. Pay according to your contract. If it is assigned pursuant to the contract, pay the assignee.


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[JETX]

I'll resend the E-mail to you Halket. For someone in the debt collection business you sure have a low opinion of those in it. How does it feel to hate yourself?

Further proof that you are either just ignorant, or can't read. I am NOT in the debt collection business. I purchase unsatisfied civil court JUDGMENTS and then, using the legal process available by statute, enforce the unpaid judgment through the courts. Unlike you bottom-feeding debt collectors, I take ownership of the judgment, making it mine to do with as I please. I can seize assets and property, garnish wages and bank accounts, and perfect real property liens. Heck, I can even tear up the judgment and file a satisfaction of judgment with the courts. All without any approval or recourse of the original creditor. Can a debt collector do those things?? Nope (even if you say that they could!).

Oh, still waiting for your promised email. Guess you weren't able to come up with your promised information after all... come on, fess up. You really have no idea what you are doing and, when challenged, can't prove your claims.

Have a happy day!!