MIXED UP

May 13, 2010

Postdated check and creditor threats
by: Mary

Thanks for submitting your debt collection question on our Q&A page.

Sorry to hear about your problem. There are a couple issues I want to address in your question. First, the federal Fair Debt Collection Act makes it illegal for a creditor or a debt collector to threaten to put you in jail for not paying a debt that you owe unless the business has the ability and the intention to follow through on its threat.

And, since there are no jails or prisons in the U.S. for consumers who don't pay their debts, a creditor or debt collector who threatens you with imprisonment is breaking the law. I would advise you therefore to get in touch right away with a local consumer law attorney with experience in debt collection cases. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

I would also advise that you become familiar with all of your debt collection rights by purchasing a copy of Debt Collection Answers, which is available at http://www.debtcollectionanswers.com/Stop-Debt-Collectors.html. You can read the first chapter of Debt Collection Answers online for free

Second, you are not breaking the law by stopping payment on the check that you wrote to the jet ski creditor. However, the creditor is apt to become more aggressive about collecting the money it is owed once you do, which is why it's important that you get in touch with an attorney right away.

Third, it is never a good idea to give anyone a post-dated check because there is nothing to prevent the person to whom you write the check from cashing it before the date on the check. Also, if the check is cashed and there is not enough money in your account to cover it, and if you can't make good on the check after it bounces, you could be criminally prosecuted for writing a bad check.

Finally, I am not clear about why you are paying a debt paid by your ex-husband unless you were on the note for the jet ski. Either way, I hope your ex is assuming his responsibility for the debt.

Please share what happens with your situation in the comments section for this question. We are very interested in hearing how this turns out for you, and your experience can help others who are struggling with debt collectors.

Third,

MIXED UP

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