Post-Dated Checks in Debt Collection
By Nicholas Ortiz, Boston Bankruptcy Attorney on Oct 9, 2007 in Massachusetts
Massachusetts regulations prohibit a debt collector from requesting or demanding a post-dated check for payment of all or some of a debt. Many debt collectors violate this regulation in Massachusetts because federal law allows for the use of post-dated checks in debt collection. (Note that under a federal law a notice of intent to deposit is required when a check post-dated by more that five days. 15 U.S.C. 1692f(2).)
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