Yes, but there are specific guidelines that a debt collector must follow under the FDCPA.  First, a debt collector cannot request a post-dated check in lieu of criminal prosecution.



    A debt collector can request and can cash a post-dated check.  However, the debt collector must give written notice of cashing the check and also must cash the check when the debtor tells them or gives them permission to do so.  In other words, the debt collector cannot cash the check early or late, and without written notice.     Most importantly, you should never give a debt collector a post-dated check anyways!  There are many unscrupulous collectors, and if you do not give them a bank account number, they cannot break the law.

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Fair Debt Collection Practices Act for Pennsylvania Consumers

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Q: Can a debt collector request and cash a post-dated check?

A: Yes, but there are specific guidelines that a debt collector must follow under the FDCPA.  First, a debt collector cannot request a post-dated check in lieu of criminal prosecution.




A debt collector can request and can cash a post-dated check.  However, the debt collector must give written notice of cashing the check and also must cash the check when the debtor tells them or gives them permission to do so.  In other words, the debt collector cannot cash the check early or late, and without written notice.

Most importantly, you should never give a debt collector a post-dated check anyways!  There are many unscrupulous collectors, and if you do not give them a bank account number, they cannot break the law.


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