Is it legal to predate a check?

1 attorney answerIt doesn't matter to the bank what date you put on a check, they'll honor it (or not) when they get it for posting. The court doesn't care what date is on a check...

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Aviso al cobrador: depósito de un cheque posfechado antes de la...

Louisiana Aviso al cobrador: depósito de un cheque posfechado antes de la fecha del cheque - Notice to Debt Collector - Depositing a Postdated Check Prior to the Date on the Check

Name: Louisiana Aviso al cobrador: depósito de un cheque posfechado antes de la fecha del cheque
Brand: US Legal Forms
Rating: 4.83 (478 reviews)

Category:

Cobros - Ley de Prácticas Justas de Deuda - Avisos

State:

Multi-State

Control #:

US-DCPA-43

Format:

Instant download

Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

A debt collector may not use unfair or unconscionable means to collect a debt. This includes depositing a postdated check prior to the date on the check. Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.

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How to fill out Louisiana Aviso Al Cobrador: Depósito De Un Cheque Posfechado Antes De La Fecha Del Cheque?

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FAQ

Depositing a postdated check a day early may cause the check writer's bank to attempt to pay the check immediately. If the check writer does not yet have the funds in his bank account, this will cause the check to "bounce," or be returned for nonsufficient funds.

Post-dated checks are perfectly legal. If they weren't, pay day lenders, and other crude forms of credit, couldn't exist. Only properly payable checks are supposed to be cashed by banks. But just about anything with the right signature on it is properly payable, including post-dated and overdrawn checks.

In most cases, when you receive a postdated check, you can deposit or cash a postdated check at any time. Debt collectors may be prohibited from processing a check before the date on the check, but most individuals are free to take postdated checks to the bank immediately.

A signed check immediately becomes legal tender that a bank can deposit or cash before the indicated date on the check. Therefore, a bank will be able to accept a check if it is dated and signed. Ask your bank or credit union for their specific policy for postdated checks in their account disclosures.

The post-dated cheque is not payable till the date which is shown on the face of the said document. It will only become cheque on the date shown on it and prior to that it remains a bill of exchange under Section 5 of the Act.

From a criminal law perspective, there is nothing inherently illegal about postdating a check, says Eric Hintz, a criminal defense attorney in Sacramento, California. Hintz says that only criminal intent, such as intentionally not having enough money for a payment, can be grounds for check fraud.

Federal law restricts what a debt collector can and cannot do with your postdated check. Specifically, under the Fair Debt Collection Practices Act (FDCPA), a debt collector cannot: coerce you into making a postdated payment by threatening or instituting criminal prosecution.

1 attorney answerIt doesn't matter to the bank what date you put on a check, they'll honor it (or not) when they get it for posting. The court doesn't care what date is on a check...

Generally, state law provides that if you notified your bank or credit union about a post-dated check a reasonable time before it received the check, your notice is valid for six months. During that time, the bank or credit union should not cash the check before the date you wrote on the check.

More info

Debt collection practices for debt collectors hired by Federal agencies.deposit any postdated check or other postdated payment instrument prior to the ... If you give a collector a post-dated check as payment,If you talk to one on the phone, write a note after the call describing what you ...Out to another person. Have the recipient of the check deposit or cash the check before acquiring goods or services from you. Perforation: Most valid checks ...22 pages out to another person. Have the recipient of the check deposit or cash the check before acquiring goods or services from you. Perforation: Most valid checks ... The complete text of the Fair Debt Collections Practices Actten days written notice that they will be depositing the postdated check. That notice must be made not more than ten or less than three business days before the date of deposit. ? Solicit a post-dated check or other post-dated payment ...10 pagesMissing: Louisiana ? Must include: Louisiana That notice must be made not more than ten or less than three business days before the date of deposit. ? Solicit a post-dated check or other post-dated payment ... For a postdated check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a. Within five days after you are first contacted, the collector must send you a written notice telling you the amount you owe, the name of the creditor to whom ... Deposits; Deposit Of Substitute Checks .Payment Of Items; Limits On Withdrawal; Cashing Checks ForPostdated, Stale And Expiration Date Items . Notice of hearing must also be served on other parties in the lawsuit as provided(3) The solicitation by a debt collector of a postdated check or other ... Yes, you may be able to sue a debt collector or a debt collectionUnfair practices (e.g., threatening to deposit a postdated check early ...

Louisiana Aviso al cobrador: depósito de un cheque posfechado antes de la fecha del cheque - Notice to Debt Collector - Depositing a Postdated Check Prior to the Date on the Check

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How to fill out Louisiana Aviso Al Cobrador: Depósito De Un Cheque Posfechado Antes De La Fecha Del Cheque?

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FAQ

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What happens if a check is deposited before the date?

Can post-dated checks be deposited before the date?

Is it illegal to deposit a postdated check?

Can a debt collector accept a postdated check?

Is it legal to predate a check?

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