Postdating a check illegal doctordating com


05-May-2020 13:43

It was all over the news, but on the fifth day the baby was released in perfect health. Postdated checks are written to be drawn from the checking account only after a certain date.In identifying the type of conduct forbidden under this broad prohibition, the statute provides a non-exhaustive list of specific actions that a debt collector may not undertake; three of these specific actions pertain to postdated checks.Debt collectors are prohibited from depositing or threatening to deposit a postdated check prior to the date on the check.What this means is that banks will process checks without even looking at the date.

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Many states have laws addressing postdated checks and consequences for cashing a postdated check before the check’s date.A debt collector may not accept a check postdated by more than five days unless the debt collector notifies in writing the check’s maker of the collector’s intent to deposit the check.The written notice must be provided at least three but no more than ten business days prior to the collector depositing the check.Some states, such as Georgia, put the onus on the maker of the postdated check to ensure that the check is not cashed or deposited prematurely.

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Other states, such as West Virginia, place the responsibility of avoiding the premature deposit or cashing of a postdated check on the recipient of the check.

The same law disallows an organization from making the same representation but then cashing or depositing the check without reasonable procedures in place to prevent the premature cashing of the postdated check.



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