Legal Question in Credit and Debt Law in Indiana

post dated check requests

I have a creditor who calls at least 10 times a day/night and they keep insisting that we post date checks for them even though we told them what day we would pay and how much and we would do it over the phone they still insist that we post date checks instead, we were told by some one (from another state) that it is illegal for them to even ask for that, and when we told the creditor that we believe it is illegal for them to ask that they actually start arguing with us over the phone about it and when we ask them to send a letter requesting us to post date checks on a piece of paper with their company letter head since they believe it is NOT illegal they refuse and usually hang up on us...which brings me to my question....Is it legal or illegal for them to ask for that?

Asked on 10/02/07, 10:11 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: post dated check requests

As usual, the debt collectors are lying. If you want to test them, ask that they put their requests in writing and mail it to you. You could also send them a certified letter, demanding they stop contacting you. And finally, their behavior violates the Fair Debt Collection Practices Act, and if you can prove the many late night phone calls, you can collect a thousand dollars and your attorney will have a nice payday. Finally, be aware that post dated checks can be deposited immediately unless you have made special arrangements with your bank to not accept the check before the post date. Good luck.

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Answered on 10/03/07, 9:06 am

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