Information on Post Dated Checks Texas

Guest go crawl back under a rock why don't you? I know full well about the posts about the validity of post dated checks..so I called and asked about it and posted THE TRUTH.

Oh..by the way, which debts would I be bragging about hmm? I only brag about beating those scummy debt collectors who are trying to collect debt that DOESN'T BELONG TO ME. So why don't you get with the program. Sheesh.

Golden, your secret admirer has came back, they must really love you as much as they harass you. There's got to be something about you that made this jerk fall in love with you...lol..

:lol:

howz about the guest getting with the program and realize there stuff won't be up long.in short buh-bye troll.

In actuality, there is no such thing as a post dated check. However, under the FDCPA, CA's are permitted to accept them provided they follow the rules. This is the only legal coverage available for post dates.

I thought CA's were not allowed, by the FDCPA, to solicit post dated checks; however, as SOAPLADY pointed out, they could accept them if you offered them.

And yes, when I worked in banking, it was a headache trying to explain to a customer that there is no such thing as a post dated check. Once you give a check to someone, regardless of what date you put on it, they can head on down to their bank and deposit it. Sometimes a teller catches it as a post dated check and doesn't accept it; however, I would not bank (pardon the pun) on that happening with any type of regularity.

So never, ever, give anyone a post dated check. Ever.

I also was not aware of the provision in the Banking Commission's rules about notifying your bank when/if you do give a post dated check to someone. I wonder if this is just a Texas Banking Commission rule, or a federal rule. Sure would cut out a lot of headaches ahead of time to be able to do this; keep those pesky CA's from screwing up your bank account by playing fast and loose with your banking information.

Been over 10 years since I have worked in a bank, so I'm sure quite a lot of rules I knew back then have changed.

CA's can solicit PDC's except in MA....there is nothing prohibiting this.ACH debits are basically the new post dated check. When I was collecting ACH were not available to us and I usually had about $10-$15k in PDC's in my "bank" to start off each month.

OK, in the FDCPA, Sections 808.(1), (2), (3), and (4), it seems to spelled out circumstances where a CA can neither solicit a post dated check nor deposit a post dated check prior to the date on it. Now it does state "post dated check, or other post date payment instrument", which I'm assuming, can be expanded to include ACH's.

So I'm confused. Am I reading this incorrectly?

no, youre reading it right, this is why it is so important to record phone calls if its legal in your state. otherwise, when youre on the phone making payment arrangements to "take the payment out on the 29th of this month", for example, there will be no record of that arrangement being made and they can then try to take the payment out tomorrow.....then, you would never be able to prove they did wrong.

Of course, i never recommend making those kind of payment arrangements over the phone, and I NEVER suggest giving ANY debt collector your bank info for ANY reason. But if you decide to do so, at least cover your butt, because the CA certainly wont care about you.

Oh, I'm with you fully on that skydivr7673, I would never, ever, give a CA my banking information over the phone. If they want the payment badly enough, then they can wait for the check in the mail.

I've seen too many bank accounts screwed up due to someone giving out their banking information, for the purposes of making payments over the phone (and not just to CA's, mind you) that I would never suggest for anyone to do this.

I would also never give a payment, in response to making a payment arrangement with a CA over the phone, before I get a copy of said payment agreement in my hands. Again, if a CA wants your payment badly enough, they can provide you a copy of the payment arrangement before you ever make the first payment.

As skydivr7673 says, you need to CYA because the CA will suddenly claim that's not what they agreed to, after they have wreaked havoc on you and your bank account, if you call them on it and whatever problems they have caused.

Record any and all calls you have with CA's. Be sure to check your state's laws regarding 1-party and 2-party consent as it applies to recording phone calls.

Personal Attack Deleted - ND

Personal Attack Deleted - ND

LOL I love how you take my post completely out of context. I know what blog area you are talking about and as I said there, it is only a bit dishonest, as I know what debt they are talking about, but I do have the total and legal right to ask for validation to protect myself. Nowhere does it say that I do not intend to pay that debt. I do intend to pay it..when they can prove they are the legal ones collecting upon it. This is my right, so I don't really care if you construe a 'I will not pay until it is validated' to a 'I will not pay any debt.'. So think what you like to think.

I could go on and on about it. I do honor my debts, all my legitimate debts. I have been burned in the past by blindly accepting when a debt collector calls and says "you owe us". I have paid it and then some other CA comes along and says the same thing. No more. I will not be taken advantage of.

Answer me this question: How do you get that I dodge all my debts when I don't pay the ones who can't prove it and do pay the ones that can? Hmm? And further, why would you even suggest for people to pay off debts that someone just says they owe, without one shred of proof? You know full well that there are plenty of CAs out there who try to collect on bogus debt.

Oh..and funny you should mention about me telling people to consolidate...I challenge you to find one post where I suggest that. Funny because I personally don't think consolidating debts works in most cases and fully believe in the do it yourself approach. But whatever...

It sounds like you are a debt collector by your own words


As I said before, if a legitimate collector contacts me about a debt and provides the proper paperwork, then I do pay it. I have already done so on multiple accounts. I simply refuse to pay someone who simply says, "You owe us" without any proof whatsoever. So what kind of collector are you?

Ok, I just went back and reread my blog post. Guest, apparently YOU decided to just take what part you liked. You accuse me of not paying my debts, or intending to pay my debt, based on that post. However, just one paragraph above the one you referenced, is this:


Geee...seems to me like..wow..I was going to pay it. Wow...so kinda blows your whole beef with me right out of the water now doesn't it?

Drivel Deleted - Grind your Axe Elsewhere - ND

Where are you getting this info? What bad track record? I honestly can't figure where you are getting this from. Oh, and I don't get paid for the blog, just so you know, not sure why you would even think I do get paid for it. *shrug*

I fight dishonest collection agencies. I will never blindly pay someone just because they tell me too. I just don't see how you are getting this 'bad track record' from my blogging, or any posts here. I will be first and foremost to say, and loudly, that if they don't validate, I don't pay....if THIS is what you mean by a bad track record, well then more power to you, I am glad that you pay money to anyone who calls you up and demands it..wish I had your number.

Now, everyone here earns points to encash, not just me, so not sure why you seem to have a problem with me doing it. And I did challenge you to find a post by me telling someone to consolidate. Who is lying? Are you kidding? Just go and copy and past where you see me giving that advice and prove I am lying, because I am not.

Now what debt dodging are you accusing me of anyhow? Honestly..I want to know because as I have said before, I only do not pay those who do not validate, or ones I know darn sure are not mine. Or, is that what you have trouble with? The fact that I know the law and my rights and the fact that I have called out dishonest companies on it? Is that it? Do you have a problem with validation?

If that is so..well, then too dang bad.