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.-Terry
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