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: Maricopa, Arizona: Informing Debt Collector of Unauthorized Check Depositing Practices Introduction: In Maricopa, Arizona, individuals facing unfair collection practices by debt collectors have legal rights and protections. One specific issue that may arise is the solicitation of postdated checks for the purpose of unauthorized depositing or threatening to deposit the check before the agreed-upon date. This article will provide a detailed description of how to draft a letter informing debt collectors in Maricopa, Arizona, about such unfair practices, and suggest additional types of letters depending on the circumstances. Content: 1. Understanding the Unfair Practice: Debt collectors have a responsibility to follow fair practices when collecting debts. Soliciting postdated checks for depositing prior to the agreed date or threatening to do so is considered an unfair practice by the Fair Debt Collection Practices Act (FD CPA). Unlawfully demanding or depositing such checks violates the rights of the debtor and can be addressed through appropriate action. 2. Composing the Letter: a. Begin with a Formal Salutation: Address the letter to the specific company or debt collector involved. Use a formal salutation, such as "Dear [Company Name]/[Collector's Name]." b. Identify Yourself and Debt Information: Clearly state your name, address, and contact details. Provide accurate information regarding the debt, including the specific debt collector's account number and any relevant case/reference numbers. c. Describe the Unfair Practice: Clearly outline the unfair practice being experienced, emphasizing the debt collector's demand for a postdated check or their threat to deposit it ahead of the agreed date. Describe any related conversations, communications, emails, or letters exchanged. d. Assert Your Rights and Mention Legal Protections: Reference relevant laws, including the FD CPA, to assert your rights as a debtor. Clearly state that this practice violates your rights protected by federal and state law. e. Explicitly Demand a Cease and Desist: Demand that the debt collector immediately ceases soliciting or depositing any postdated checks before the agreed-upon date. State that the debt collector's continuation of such practices will lead to further legal action. f. Preserve Supporting Evidence: Encourage the collector to maintain all written and electronic communications regarding this matter, hence ensuring a record of their unfair practices. g. Request Confirmation: Ask the debt collector to provide written confirmation of their understanding and agreement to cease their unfair practices. Encourage the debt collector to respond promptly. h. State Your Intention to Report: Inform the debt collector that should they fail to adhere to your demands or continue their unfair practices, you will consider filing complaints with relevant regulatory agencies, such as the Consumer Financial Protection Bureau (CFPB) and the Arizona Attorney General's Office. Conclusion: When faced with debt collectors soliciting or threatening to deposit postdated checks before the agreed-upon date, it is important to address the issue promptly. By crafting a well-detailed letter informing the debt collectors of their unfair practices and asserting your rights as a debtor, you can protect yourself and potentially prevent further violations. Remember to consider seeking legal advice to better understand your rights in the specific situation you are facing.
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.
