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Personal Finances / Credit Cards and Consumer Debt


Subject:  Re: Credit Card Company vs. Consumer Date:  2/1/2001  8:05 PM
Author:  ClubJuggle Number:  56649 of 312189

Please go see an attorney. See if you can get a suit brought for a contingent fee (a percentage of recovery) which means you won't have to pay up front. I believe that the FDCPA probably refers to the practice of debt collection people soliciting post-dated checks, but it may be simply that their failure to return it to you is enough to constitute liability. Whatever, your bank shouldn't have cashed it either, so there's a potential nother defendant.

Actuallt, the bank cannot be held liable in this case. The Uniform Commerical Code dictates that a bank is under no obligation to honor a post-dated check, but it is under no obligation to return it either. The law is written this way because of the realities of automated check processing; so many checks pass through the banking system each day that it would be impossible to check dates, signatures, etc., on each one and still process the checks in a timely manner (and without charging an exorbitant per-check fee to the customer!).

I am not aware one way or the other of the laws affecting what the creditor did, but the bank that honored the check is blameless in this case.
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