Legal Question in Credit and Debt Law in North Carolina

Post Dated checks more than 5 days

According to the FDCPA, if a creditor is collecting a debt and using a post-dated check they must send in writing about the intentions to do so but no more than 10 days before submitting the check. In my situation, I never received a letter from my auto finance company and not only that, they were supposed to submit the check on 1/31/06 and posted it 1/26/2006. Do we have any recourse... The only problem would be that they show the check dated as 1/6/06 which is when we made the agreement, so it's not technically 'post-dated' but the check they put through on 1/13/2006 (for a different payment) was also dated 1/6/06. Please let me know what we can do.


Asked on 1/27/06, 3:12 pm

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

I am not entirely sure

Frankly, I am not entirely sure and perhaps other lawyers will help give you some advice.

Technically, I believe you could sue for a violation of the FDCPA.

However, the part of your question that is not clear is whether you were harmed. What was the damage from this?

You could probably file a lawsuit and it might be worth it.

I know a guy out here in Loudoun who routinely files lawsuits against companies that send him unsolicited faxes (spam) after he warns them not to. It is like a cottage industry in his retirement.

So you can go to the clerk of the court of the general district court and ask for a Warrant in Debt form.

But I think that how much you were damages woudl be an important question.

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Answered on 1/28/06, 2:15 pm


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