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(15 USC § § 1692f, 1692k) Some states have laws that mirror the federal law’s prohibited debt collection practices. § 63-4006) Laws governing the early cashing and depositing of postdated checks can vary among states, although many jurisdictions have similar provisions.For example, Rhode Island law also forbids a debt collector’s use of unfair or unconscionable means to collect a debt. If you provided an individual or business with a postdated check that was cashed or deposited before the date on the check, you should speak with an attorney.If a bank does pay a postdated check before the check’s date even though it has received proper notice from the customer, the bank is liable to the customer for any loss resulting from the bank prematurely paying the check. § § 11-4-401, 11-4-403) West Virginia law contains several prohibitions addressing early payment of postdated checks.In other words, a customer who has properly notified the bank of the postdated check can sue the bank for cashing the customer’s postdated check before the postdate if the bank’s action causes the customer loss, such as causing other checks to bounce. The West Virginia Code prohibits a person from requesting or accepting a postdated check while intending to deposit or cash it before the date written on the check.After the initial period of panic, grief and anger toward the bank and the person who had cashed the check, I did some serious digging into the regulations surrounding postdated checks.

The debt collector may also be responsible for paying the plaintiff’s attorney fees and the costs of bringing the lawsuit.The written notice must be provided at least three but no more than ten business days prior to the collector depositing the check.In other words, if on July 1 a debt collector accepts a check postdated for August 1, the collector may not deposit the check before August 1; if the collector intends to deposit the check on August 1, the collector must notify the maker in writing of such intent no later than July 29 but no earlier than July 18.If you won’t have the funds available at the time the check is written, you might consider postdating the check.For instance, if you’ll be out of town when rent is due, but don’t have the funds to pay rent early, you might postdate your check.




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