Fill and Sign the Debt that is Covered Debt Collectors that Are Covered Form

Letter Informing Debt Collector of Unfair Practices in Collection Activities (Soliciting a Postdated Check for the Purpose of Depositing or Threatening to Deposit the Check Prior to the Date on the Check) ____________________________________ (Your Name) _________________________________________________ (Your Address) _____________________________________________________ (Your City, State, Zip Code) _____________________________ (Date) ___________________________________ (Name of Collection Agency)____________________________________ (Name of Contact Person)_____________________________________________________________________ (Street Address or Post Office Box Number, City, State, Zip Code) Re: Unfair Practices Violating Section 808 of the Fair Debt Collection Practices Act; Your File No. ______________ Dear Mr. /Ms. _____________________________ (last name): Your collection activities on behalf of your company in attempting to collect the alleged debt associated with the above mentioned case number have violated Section 808 of the Fair Debt Collection Practices Act (15 USC 1692f). Section 808 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692f, provides, in part, as follows: A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: “(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.” On ____________________________________ (date of the incident), at your offices, you demanded that I immediately pay to you the whole amount of the alleged debt. I told you that I would not have the money for _______________________________________ ____________________________________________________________ (time period). You then requested that, “as a demonstration of good faith,” I give to you a postdated check for the full amount of the alleged debt. I told you that my account did not have enough money to cover the check. You said to date the check as of the _______________ ___________ (date), but you would not cash it until _____________________________ (date) . On the following day , you called me at home and told me that you were going to immediately cash the check unless I made a cash payment to you of (e.g., 50%) _______ of the alleged amount then due. I made the payment after borrowing the money from (e.g., my brother) _______________________________. Your actions constitute a violation of Section 808 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692f. I will be discussing remedies against you, your company, and ________________ _________________________ (name of creditor) with an attorney within the next week. Sincerely, ______________________________ ______________________________ Printed Name and Signature cc: _________________________________________ (Creditor) cc: __________________________________________ (Appropriate State Agency)