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Urgent! Can I stop payment on this check?

Date: Fri, 02/26/2010 - 16:38

Submitted by anonymous
on Fri, 02/26/2010 - 16:38

Posts: 202330 Credits: [Donate]

Total Replies: 3


Hi everyone. I wrote a check to a bill collector for a monthly payment on a past due account I have been paying on. I called this week to tell them the check would not clear and I needed to make the payment 4 days later. They said it was too late to stop the check. If the check hits my account, it will be insufficient fund. The lady at the bank says I can put a stop payment on it. That would be less than the returned check charge.

My question is should I stop payment on the check or should I let it go insufficient funds? If I stop payment, will they say I committed fraud or something by giving them a check I didn't intend to pay or something like that?? If I do this stop payment, I need to get this done at the bank tomorrow morning so would appreciate any help you can give me.

These people are very nasty. I am afraid they are going to call me now and say the whole thing is past due.

What should I do?? I tried to explain to them it was my intention to pay this bill but I could not do it on that particular day. They just kept saying there was nothing they could do.


well, heres the basic deal...

if it were me, I would stop payment in a heartbeat if the check was going to be a problem. They cannot act quickly enough to take any action against you, such as suing you, in only 4 days, so I would stop payment, and when they call complaining, you tell them that they will get their payment in 4 days, no sooner. When they get nasty with you, you simply tell them that you have been making a good faith effort and if four extra days is really too long to wait, then they can simply get lost. Better yet, if they really start bugging you, send them a certified letter telling them that they no longer have your permission to contact you by phone at any phone number. Bottom line, youre paying them, and four days is not at all any reason for them to get nasty with you.

If it were me, and they really started bugging me nonstop, I would simply tell them in a polite voice "I just want to thank you, because now that I have you on tape using rude language and insulting me, my next step is to call my state attorney general, the FCC, and my attorney. I am going to sue the hell out of you for FDCPA violations, and when I get done, YOU will be paying ME. Thats all for now, have a nice day!!" and hang up. Seriously. I live in a state that allows recording without requiring their consent.....and I just turn the tables back around onto them. Sometimes, you get a collector on the phone that tries to play the tough guy and cannot pull it off. And when that happens, you can actually HEAR them getting scared....its actually gratifying.....


lrhall41

Submitted by skydivr7673 on Fri, 02/26/2010 - 16:55

( Posts: 2036 | Credits: )


Also how long was the check post dated for and what state are you in? Some states it is illegal to post date a check. If it is not illegal in your state then they must send you something in writing first, otherwise it cannot be post dated more than 5 days under the FDCPA:

15 USC 1692f

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.


lrhall41

Submitted by pokertramp on Fri, 02/26/2010 - 19:48

( Posts: 512 | Credits: )