Can debt collectors cash a post-dated checks before the date on the check?

Your first mistake is that you took a collectors word as truth. These people lie for a living. Do everything by mail and get everything in writing. Second mistake was not being familiar with the law. You can't write post dated checks.

The teller that cashed your check was obligated to check the date on the check. She should not have cashed it for her. First you need to take your complaint to the bank. Do you have a copy of the cashed check? Most banks include those with your monthly statements or can be obtained by request. I don't know how much this will accomplish as far as your bank account goes, though. You might just get a heart felt apology...you may get nothing. If this is something the woman did on purpose and more than once...then you need to take it back in front of the judge. Especially if it is in the agreement signed by both of you. It's basically not following a court order.

This is from Wikipedia:

"In the United States, postdated items are described in Article 3, Section 113 of the Uniform Commercial Code.[1] Postdated checks are often used in conjunction with payday loans.

"Many banks will honor postdated cheques, even if they are deposited before the postdate because they will hold on to the cheque until the cheque is able to be cashed in. Legal consequences of cashing in a post-dated cheque before its due date vary from country to country.

"In the United States, national banks are permitted to pay checks even though payment occurs prior to the date of the check. According to the Comptroller of the Currency: "A check is a negotiable instrument—the payee, the person to whom the check is written, may negotiate it through the banking system at any time".[4] Nonetheless, if the bank has been given proper notice of the post-dating, the Uniform Commercial Code requires that the notice be honored, or the bank be held liable for damages.[5]"

So, unless you notify the bank in writing of the post-dating, there's nothing to prevent that check from being cashed before its date.

no post dating checks is a myth once you deliver the check to a person they have a right to get paid

The FDCPA doesn't apply....sorry. You can never deal in "good faith" with debt collectors. If you were not in a position to pay the debt collector then you should have waited till you actually had the funds rather than sending a post dated check. Only pay debt collectors with USPS money orders.

It's illegal to post date a check in the first place, therefore, most banks will cash the check at any time. That said, FDCPA says they can cash a post dated check as long as it is within 5 days of the date on the check. Tommorow is 4/27. The check was cashed 4/24. They can cash it within the law.

Yes since it is criminal for you to post date a check. Once rendered as payment it can be cashed.

You can be hit with criminal charges by the debt collector and the bank.

No laws where broken. Section 808 prevents them from ASKING for post dated checks (read it again). You gave them the check. They cashed it.