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:
"(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument."
Title: Contra Costa California Letter Informing Debt Collector of Unfair Practices in Collection Activities — Unlawful Solicitation of Postdated Checks Introduction: In Contra Costa County, California, individuals who find themselves facing debt collection activities may encounter unfair practices from debt collectors. One such practice involves debt collectors soliciting postdated checks for deposit before the agreed-upon date or threatening to do so. This article aims to provide a detailed description of this issue and offer guidance on how to address it legally and effectively. 1. Understanding Unfair Debt Collection Practices: Debt collectors in Contra Costa County and throughout California are bound by the Fair Debt Collection Practices Act (FD CPA) and the California Rosenthal Fair Debt Collection Practices Act (RFD CPA). These acts aim to protect consumers from deceptive and unfair practices during the process of debt collection. 2. Unlawful Solicitation of Postdated Checks: Debt collectors may request postdated checks as a form of payment from debtors. However, it is illegal for a debt collector to deposit or threaten to deposit a postdated check before the specified date on the check, as it misrepresents the debtor's intent and violates their rights. This practice undermines the debtor's ability to manage their finances properly and can result in costly overdraft fees or bounced checks. 3. Recognizing Violations and Documenting Evidence: If a debt collector violates the provision on postdated checks, it is crucial to gather evidence to support your claim. Keep records of any communication or written correspondence with the debt collector, including details of their request for a postdated check, threats to deposit it prematurely, or any other relevant information. Documentation serves as critical evidence when presenting your case. 4. Composing the Contra Costa California Letter: When drafting a letter to inform the debt collector of their unfair practices, it is important to use a professional and respectful tone throughout. Ensure that the letter contains relevant keywords and addresses the following points: a. Start with a precise and concise introduction, including your name, address, and account number, if available. b. Clearly state your concern regarding the debt collector's solicitation or threats related to a postdated check. c. Reference and cite specific legal provisions such as the FD CPA or RFD CPA, highlighting the prohibition on premature check depositing. d. Provide details of the unfair practice, including dates, conversations, or written documentation pertaining to the request or threats made by the debt collector. e. State your expectations explicitly, requesting a cessation of such unfair practices, the return of any postdated checks, and assurance that no additional actions will be taken in violation of the law. f. Mention that you may pursue legal action or file complaints with appropriate regulatory bodies if the issue is not resolved promptly and appropriately. g. Close the letter with your contact information and request confirmation of receipt. 5. Seeking Legal Assistance: If the debt collector continues to engage in unlawful practices or does not respond satisfactorily to your letter, it may be prudent to consult with a consumer rights attorney who specializes in debt collection. They can guide you on further steps you can take to protect your rights and seek resolution. Remember, confronting unfair debt collection practices is essential for safeguarding your financial well-being. By addressing such issues, you contribute to maintaining a fair environment for all consumers in Contra Costa County, California.
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.
