LAWDOG Fair Debt Collection Practices Act

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Acceptance Of Checks Postdated By More Than Five Days

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. This includes the acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. See Section 808 (2) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Expressly In Contract or Expressly Permitted By State Law Only

A portion of the FTC Official Staff Commentary on the Fair Debt Collection Practices Act reproduced here for illustration purposes only, includes the following:

"Section 808 (2) prohibits accepting a check postdated by more than five days unless timely written notice is given to the consumer prior to deposit."

Prohibited Actions Not Limited To Listed Examples

Section 808 of the Fair Debt Collection Practices Act prohibits a debt collector from using "unfair or unconscionable means" in debt collection activity. It provides eight examples of these unfair practices. However, prohibited actions are not limited to the eight subsections listed as examples of activities that violate this provision. See each of the other illustrations from the previous menu.

A copy of the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. A copy the FTC Official Staff Commentary on the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. Read Sources and Disclaimer. Links do not return to this page. Use browser "back" button to return.

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