A debt collector cashed my check early- what can I do?
The Fair Debt Collection Practices Act (FDCPA) requires that debt collectors not deposit checks before they are scheduled to be deposited, and to give you advance notice of their being deposited (a reminder that they will). If you do a check-by-phone, they should also be getting specific permission to deposit the check.
The FDCPA also says they are not allowed to make false statements or misrepresentations to you in an effort to collect. The statement that they would deposit the checks later was apparently false.
So what do you do if they take your 3 checks over the phone that are supposed to be for this month, next month and the month after, and deposit them all on Friday? Get the cleared checks (assuming they clear) and come see us. The fact that they did so, and the damages they caused are damages you can recover, along with your attorney fees (which is why we like this law), and court costs.
Consult a lawyer and maybe a financial planner. You need to know your rights, and how to get out of this mess. Above all, don’t play ostrich. Sticking your head in the sand and saying “I can’t see you” will not make the problem go away.
If you have been impacted by anything we mentioned here, please make an appointment to see us.
NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Richmond, VA 23230