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Bad Check Collection: What's the date of first delinquency?

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If you write a check to a merchant and the check is NSF or stop payment, when is the first date of delinquency?

a. the day you wrote the check,

b. the day the check is rejected as NSF or stop payment

The hypothetical scenario is, let's say you write a check on January 1. The merchant doesn't deposit the check until February 3. The check comes back to merchant on February 10 as NSF or stop payment. What's the date of first delinquency?

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In most states, "b".

However, be careful with checks. States usually have different rules for checks as far as SOLs are concerned. While they may indeed by written instruments they fall under banking rules (usually).

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I asked because I was reading these guidelines for credit reporting (http://www.cdiaonline.org/metrofaq.cfm) and it mentioned something about how to deal with check payments to CC's that are returned NSF or what have you.

It clears advises the furnisher to report the delinquency off of the date when the payment was due, not when the check was returned.

For example:

Your payment is due on the 18th. You make a check payment on the 14th. The check is returned on the 23rd.

According to the CDIA guidance, in this example you are past due as of the 18th. You will be 30 days past due at or about the 18th or the 19th.

I tend to agree. In my opinion, if you write a check at a store for goods that you take home right then and there, the payment is due and payable RIGHT THEN. If the check you wrote for the goods isn't deposited until the next month and it then bounces, your first date of delinquency should be the date the payment was due, not the date the check was returned.

Anyone have any thoughts on this or examples?

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