Can a debt collector send me a post-dated check?
In California, debt collectors cannot send a post-dated check. Debt collectors are limited to the types of payment instruments they can accept as payment in the state. They are prohibited from accepting post-dated checks, so if they do, you should contact the California Department of Business Oversight to make a complaint. It is a violation of the Fair Debt Collection Practices Act for a debt collector to send postdated checks, as this does not provide the consumer adequate notice of when the funds will be withdrawn. The act also prohibits any debt collector from requesting or accepting postdated checks. In general, debt collectors must provide enough information with the check or other payment instrument to make the consumer aware of the amount, as well as the date it is due. If a debt collector is unable to provide adequate notification, it may be in violation of the law. Consumers also have the right to dispute the debt or the amount of debt due. If a debt collector has sent a postdated check, the consumer may consider cancelling the check if the debt is disputed. It is important for consumers to understand their rights under the Consumer Debt Defense Law, as it provides protections against debt collectors from engaging in certain practices. Consumers should always contact a consumer law attorney if they feel that they have been treated unfairly by a debt collector.
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