Fair Debt Collection | viajeras.info
Post dating checks are a thing of the past. People can post date checks all they want but banks are allowed to cash them. If they check has. The regulations of the Massachusetts Division of Banks prohibit unfair debt collection practices by debt Requesting or demanding a post dated check. Visiting. Many people post-date checks for everything from car payments to rent, and they think they're safe because the bank can't cash the check before the date written.
Playing by the Rules There's nothing wrong with post-dating a check and asking the person you owe money to hold off on cashing it. People do this all the time, and it's not against the law. Problems crop up when the person holding the check jumps the gun and takes it to his bank anyway.
General Law - Part I, Title XV, Chapter 93, Section 40A
Banks aren't obligated to wait until the date on the check to cash it. Any check that's properly made out and has your signature is treated as legal tender. The bank is free to hand over the money to the holder of the check at any point. Avoiding the Hassle However, there is one situation in which a bank can be held liable if they cash a post-dated check too soon.
This occurs when you notify the bank ahead of time that you've written a post-dated check and instruct not to cash it until the date you've indicated. At that point, the bank is supposed to honor your request. You'll need to give the bank a good description of the check, including the check number, the payee and the amount. They should watch for the check to arrive and only cash it if the date you've indicated has passed. Video of the Day Brought to you by Sapling Brought to you by Sapling Fees and Trouble If your bank cashes your post-dated check early because you didn't tell it ahead of time that such a check existed, you could find yourself saddled with bounced-check fees, late payment charges and overdraft fees, all of which can add up to a big chunk of change.
In some cases, you'll have no choice but to pay the fees. You could try calling the creditors who assessed the fees and ask them to waive the fee. It is your duty to inform the debt collector that you have different waking hours. Making any false, deceptive, or misleading statement when attempting to collect a debt. Collecting or attempting to collect any amount that is not expressly authorized by the agreement creating the debt or permitted by law.
- Section 40A
- Can Someone Legally Cash a Check Before the Valid Date?
- I live in Massachusetts. Is is illegal to post-date a check in my state?
Falsely threatening that nonpayment of a debt will result in your arrest or imprisonment, any action that cannot legally be taken, or any action that is not intended to be taken. Attempting to collect a debt that is legally unenforceable because the time period for filing a lawsuit has passed without disclosing that the debt may be unenforceable and that any payment you make may re-start the time period for filing a lawsuit.viajeras.info 9 in Hindi ( Use of Post Dated Voucher ) Part 107
Using profane or obscene language. Causing expense to you in the form of long distance calls, express mail charges, wire fees, or other similar charges. Telling anyone including your friends, neighbors, relatives, or employers about your debt, without your written consent.
Fair Debt Collection
Requesting or demanding a post dated check. Visiting your home at times other than your normal waking hours, and visiting you more than once in any day period for each debt, unless you give permission for additional visits.
Locating a debtor Creditors and debt collection agencies are permitted to try to locate a debtor by contacting persons other than the debtor or persons residing in the debtor's household, if the creditor or debt collection agency reasonably believes that it no longer has current information on the debtor's location.
However, it may not inform anyone it calls about your debt. In some cases, the court may issue a warrant for your arrest called a capias. If you agree to a payment plan with the debt collector, ask for a copy of the agreement. Information about free or low-cost legal help is also available at: