This relates to an old CA (which I am no longer dealing with) that I gave post-dated checks to during my pre-credit repair days â?? they never reported to any CRAâ??s and the account was recalled from them. Each month they would send a letter around the 20th of the month notifying us that they would be depositing our check â??â?¦the same as the date of your postdated check.â? In October (the same month that our account was recalled from them back to OSI) they deposited our check that was dated October 31st on October 21st, they sent the usual â??Personal Check Notificationâ? letter dated October 22nd (the day after they deposited my check), and I have the canceled check in my hands as I type. While doing my taxes I have now discovered that this was the second time that they have done this. I found an identical case in August. I have all the checks and their letters. I understand that these are clear violations of § 808. Unfair practices [15 USC 1692f] and I could use $2,000 to add to the deposit on a new house. Here are my questions: 1. Is there an easy was to collect the fines from the CA, i.e., a great letter, phone call etc. 2. Are there any risks of pursuing the CA? They did not report anything on my credit reports. Could they retaliate by doing so? 3. How much $$$ can I pursue the CA for? 4. How collectable are the fines? 5. Where do I go from here? Thanks again for everyoneâ??s help. I am making some great progress on the credit reports. I will send an update soon. Thanks! TakingItBack!!!
To my best understanding, you do not have a case. Unless they signed a contract that said they would not deposit till such date. If so you can hold them for contract violation. Post dated checks can be presented at anytime once recieved. Based on the info you have provided, you have less than zero chance of collecting any penalties from CA.
I see after 28 posts funk is starting to go true to form. A CA cannot deposit a post dated check before the date of the check. How hard is that for you to understand?
Well I'm not expert either but, I remember researching these things awhile back...and saved them... here they are... POST-DATED CHECKS A bank may charge a customer's account for a check before the date of the check, unless the customer has given the bank clear notice of the postdating in a timely fashion that affords the bank a reasonable opportunity to prevent the check from being processed. If a bank has been so notified and it then charges the check against a customer's account before the check's date, it is liable for damages. (Section 42a-4-401(c)) STALE CHECKS A bank is not obligated to pay a customer's check that is more than six months old, with the exception of a certified check. (Section 42a-4-404) PolarisA3
Oops.... forgot it was a CA.... Section 808(4) of the FDCPA prohibits depositing a postdated check prior to its date. PolarisA3
Thanks for the replies. Any ideas on how to enforce the violation and collect the $$$? Thanks! ____________ TakingItBack
I think for the FDCPA you have 1 year from the date of the violation to sue. Do you have a copy of the check. IF the date stamped is before the date you set for the cashing of the check then you have them. Remember, no matter how many violations they rack up max damages are 1k. Just bring the checks, any written agreements you have, and a copy of the fdcpa to small claims. Of course, a judge may just spit in your face but the CA will not have much of an excuse.
Is there any reason that I should not just send the CA a letter demanding the violation fine? Should I demand something like $2,500 and settle for lower? I do have the check that is clearly dated for the 30th and is clearly stamped for deposit on the 22nd. If I send the letter should I include a copy of the check or hold my cards for their response? Has any one had any personal experence in collecting violation fines without going to small claims but rather sending just a letter? Thanks for your response!
You can try sending the demand letter, you may get lucky. The worst that would happen is they say no. At the same time, I have to ask if you were damaged by them putting the checks through early? Did this cause other check to bounce? Did you have to put off paying other bills and get charged a late fee? If the answer to these questions is no, then I'd keep that in mind when making your decisions.
it does not matter mycroft so save your crap. You do not have to have damages for the fdcpa. IT is more looked at as a fine.
