Sample Letter 8f to Debt Collector:
Debt Collector Cashed a Post-Dated Check
Certified Mail No. ________________
Return Receipt Requested
Name of Owner (or Manager)
Debt Collection Agency
City, State, Zip Code
Re: Account of [your name]; Account Number ______________
Dear [Name of Owner or Manager]:
The purpose of this letter is to make a formal complaint against one of your employees, [John Smith], who engaged in illegal activity in an effort to collect money from me. Specifically, on [date] [John Smith] requested that I send him a check that was post-dated two weeks. The check I sent was promptly cashed. I have subsequently learned that such requests are in violation of the Fair Debt Collection Practices Act.
This FDCPA states specifically that:
"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: The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit". It also states that "depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument" is illegal."
Since your agency has violated the Fair Debt Collection Practices Act by depositing my check before the date agreed, and causing numerous checks of mine to be returned insufficient funds, I am requesting that your firm reimburse me $________ to cover my costs. I expect to be hearing from you in the near future to advise me how you intend to resolve this matter. If I don't hear from you within ten days, I will file online complaints with the FTC, with ConsumerFinance.gov and with my state's Attorney General.