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Bill H.364
SECTION 1: Notwithstanding any general or special law to the contrary, a debt collector or creditor as defined by Section 24 of Chapter 93 of the General Laws, shall be permitted to accept payment of a debt, or any portion thereof, by postdated check or other similar instrument with the following exceptions:
(1) A debt collector or creditor shall not accept from any person 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, days, excluding legal public holidays identified in 5 U.S.C. 6103(a), Saturdays, and Sundays, prior to such deposit.
(2) A debt collector or creditor shall not solicit any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
(3) A debt collector or creditor shall not deposit or threaten to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
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