05, 2009 · Answer: Uniform Commercial Code. Personal checks (and o er negotiable instruments ) are covered by provisions of e Uniform Post-Dated Checks. Under e UCC, a check is an order by e payor (you, e small business owner) to pay a fixed Obligation of e Bank. Al ough it is legal. 19, · No fraud allowed: ere’s no law making postdated checks illegal. However, it is illegal to write a check when you know you don’t have e funds to cover it. However, It is always illegal to defraud somebody who sells you some ing by pretending to pay but never intending to do so. Post Dated Check Law and Legal Definition A post-dated check is one which has a date after today's, so as not to be able to be cashed immediately. A bank in some cases pay a post-dated check before e date on e check unless e customer notifies e bank not to pay it. 26, · Federal and state banking laws do not prevent banks from cashing checks prior to e date printed on e check. In some situations, you can sue your bank for damages if a bank employee cashes a check prior to e date written on it but bank employees do not violate any laws when ey cash post dated checks. at’s if you n your bank ahead of time about your post-dated a check, so it knows to be careful. e law says you have to describe e check wi reasonable certainty, and give e bank enough time to have a reasonable opportunity to act. erefore, al ough it's not generally a good idea to write post-dated checks, e careful writer of post-dated checks will notify his bank as soon as . It doesn't matter to e bank what date you put on a check, ey'll honor it (or not) when ey get it for posting. e court doesn't care what date is on a check ei er. eir deadlines are based on e recipient's receipt, not e date you claim you wrote it, and yes, e post k. 25, 2009 · Actually, post-dating a check is not legal in Ohio. Most banks do not look at dates o er to make sure ey are not past e 180 day k. If you write a post-dated check, it can be cashed e same day it is written. I do not understand your additional information. You state at you made a deposit e same day you gave e checks to your LL. If a bank charges against e account of a customer a check before e date stated in e notice of postdating, e bank is liable for damages for e loss resulting from its act. e loss include damages for dishonor of subsequent itemsunder Section 4-402. Apr 04, · In fact, ere are no federal regulations regarding post-dated checks. State laws vary regarding post-dated checks, but according to e Consumer Financial Protection Bureau (CFPB) website, e only way to prevent a post-dated check from being cashed is by giving written or oral notice to e bank or credit union e check is drawn on. 01, · Post-dated check - a check wi a date after e date on which e check was presented is considered a post-dated check and not be prosecuted criminally. e post-dating of e check creates an extension of credit, even if only for a day, and converts e case to a bad debt situation. 22, · Postdated checks are written to be drawn from e checking account only after a certain date. In o er words, postdated checks only become functional after e date mentioned on e checks. is means at e initial holder of postdated checks cannot use . It is e duty of e person drawing a postdated check to notify, in writing, e arate office or branch of e institution upon which such check is drawn, giving a complete description ereof, including e name of e payee, e date, e number, and e amount ereof. o erwise, e institution is not liable for paying such check. try to collect interest, fees, or o er charges on top of e amount you owe, unless e original contract or your state law allows it deposit a post-dated check early take or reaten to take your property unless it can be done legally. It is not illegal to post date a check in any state. What is illegal is to write a check wi a lack of funds in e account. If you can be sure at e check won't get to your account before e. (b) Certain checks excluded A check is described in is subsection if e check involves, or is subsequently found to involve (1) a postdated check presented in connection wi a payday loan, or o er similar transaction, where e payee of e check knew at e issuer had insufficient funds at e time e check was made, drawn, or delivered. Postdated Checks, Debt Collectors, and Federal Law Federal law addresses e early cashing and depositing of postdated checks in e context of debt collection practices. e federal code broadly prohibits debt collectors from using unfair or unconscionable means in collection efforts. Legally, banks can honor post dated checks at any time regardless of e date on e item. In fact, in some states, a check payee can claim damages if a bank refuses to pay a post dated check. Banks are sensitive about dates on checks due to stale dating and post dating laws. 15, · U.S. Treasury checks deposited in person to one of your employees or at an ATM owned by your institution (a proprietary ATM) and into an account held by a payee of e check. U.S. Postal Service money orders deposited in person to one of your employees and into an account held by a . 11, · At is point, e only way to process e payment is if e drawer — o erwise known as e check writer or issuer — changes e date on a replacement check or issues a new check. e United States Uniform Commercial Code (UCC) specifies at banks are not obligated to cash a check more an six mon s old. 11, · Under federal law, ere is really no such ing legally as a post dated check. A post dated check is simply an alleged agreement between e parties at e recipient of e check will hold off on cashing it. However, under NY Penal Code 190.00, 1. 26, · Dating your check not affect when a recipient cashes it (ough old checks not be accepted by some banks, depending on state laws), but dates still serve a purpose, Feddis said. Practices in various countries Australia. Under Australian law a post-dated cheque is valid under e Cheques and Payment Orders Act 1986. 16. (1) Where a cheque, or any indorsement of a cheque, is dated, e date shall, unless e contrary is proved, be presumed to be e day on which e cheque was drawn or e indorsement made, as e case be. 18, · Generally, state law provides at if you notified your bank or credit union about a post-dated check a reasonable time before it received e check, your notice is valid for six mon s. During at time, e bank or credit union should not cash e check before e date you wrote on e check. 03, · Post dated checks are not illegal, ey not be accepted by some companies but it is well established law at a post dated check can be issued. ere are some consideration ough if you write a check at you know has no funds. 01, · e date on e letter is irrelevant. So if you take someone a post dated check and present it to e bank, e bank will most likely attempt to pay on it. Again, ere's no ing illegal about at, ei er for your bank, e check holder, or e check writer. 21, · ere is no law or hard-and-fast rule at banks must adhere to regarding stale-dated checks. According to e Federal Deposit Insurance Corp., if a check is presented for deposit more an six mon s after e date on e check, it is reasonable for e bank to assume at e check be uncollectible – and erefore e institution can refuse to deposit or cash e check. 29, · Indeed, e writing of a post-dated check suggests at e check-writer expects to have funds to cover e check at a later date, so it [can] hardly be said at e [check-writer]... kn[ew] at e time at [he didn’t have] sufficient funds... wi which to pay e [check] upon presentation. State v. Byrd, 204 N.C. 162 (1933). Post Dated Checks. I live in virginia Beach. I just purchased a hot tub. I just received e tru and lending statement in e mail. Attached to e tru and lending statement was a stickey note. e note said: ''Please do not forget to attach a postdated check, please date it for exactly 30 days'' is company at is asking for is. Can a bank or credit union cash a post-dated check before e date on e check? However, state law require e bank or credit union to wait to cash e check if you give it reasonable notice. Contact your bank or credit union to learn what its policies are. Read full answer Hide full answer. If a debt collector accepts a post-dated check, even reatening to deposit at check before its date violates federal law. at could make em liable to you for a $1,000 penalty, and any actual. 2005 West Virginia Code - §46A-6-1. — Solicitation or cashing of postdated checks. penalties. §46A-6-1. Solicitation or cashing of postdated checks. penalties. (a) No person : (1) Solicit or accept a postdated check wi e intent of presenting it for payment prior to e date listed on e check.. It has long been illegal to float or post-date a check by writing it in an amount exceeding your current bank balance, even if you expected a pending deposit to cover it by e time it reached e bank. However, check processing practices have been changing in recent years and, since ober 2004, your payment check will now clear e bank even faster—due to a federal law known as Check 21, e . 09, 1996 · Florida Statute 655.86 says at if you write a postdated check, it is your duty to notify e bank in writing giving a complete description ereof, including e name of e payee, e date. 17, · When you post-date a check, you put a future date on e check wi e idea at e recipient does not deposit it until at written date. For instance, today is . 1, but you actually write. Criminal Penalties by States. e following information be out of date when you read. Check state statutes for current laws. Alabama.Check of $500 or more, fine of not less an $500 nor more an $5000 or imprisonment up to 3 years, or bo . under $500 check, fine depends on amount and offense. 26, · For Class 1 and 2 misdemeanors for passing a bad check, e limitation period is 18 mon s. For a felony charge of passing bad checks, e limitation period is ree years. e limitations period starts from e date e crime was committed. References. POST-DATED CHEQUES. e Tenant shall deliver to e Landlord on or before e Commencement Date and on every anniversary date ereof 12 post-dated cheques on account of e mon ly Minimum Rent and estimated Additional Rent (as hereinafter defined) for e ensuing lease year.Minimum Rent, Additional Rent and Percentage Rent are collectively referred to as Rent and are payable wi out. ere are some defenses possible when one faces a check fraud or bad check lawsuit including: If e bad check were post-dated wi a date after e date on which it was presented, en it not qualify as a fraudulent check. In essence, e would-be fraud is extending a line of credit and is technically in a bad debt situation. If e would. (1) PURPOSE. — e purpose of is section is to remedy e evil of giving checks, drafts, bills of exchange, debit card orders, and o er orders on banks wi out first providing funds in or credit wi e depositories on which e same are made or drawn to pay and satisfy e same, which tends to create e circulation of wor less checks, drafts, bills of exchange, debit card orders 16, · e Federal Reserve Banks provide check collection services to depository institutions. When a depository institution receives deposits of checks drawn on o er institutions, it send e checks for collection to ose institutions directly, deliver em to e institutions rough a local clearinghouse exchange, or use e check-collection services of a correspondent institution. (a) Except as provided in subsections (c) and (d), negotiable instrument means an unconditional promise or order to pay a fixed amount of money, wi or wi out interest or o er charges described in e promise or order, if it: (1) is payable to bearer or to order at e time it is issued or first comes into possession of a holder. (2) is payable on demand or at a definite time.. checks. Because post-dated checks are a promise to pay in e future, ey are not technically viewed as checks. It has generally been held at post-dated checks are not wi in e scope of most states' bad check laws. It is generally held at e giving of a bad check in payment of a preexisting debt does not fall wi in e purview of most. (1) Any person who shall wi intent to defraud, make, or draw, or utter, or deliver to ano er person any check, or draft, on a bank or o er depository for e payment of money, knowing at e time of such drawing, or delivery, at he or she has not sufficient funds, or credit wi e bank or o er depository, to meet e check or draft, in full upon its presentation, is guilty of. Post Dated Checks. A collector can ask at you write a post-dated check, but you cannot be required to do so. If you give a collection agency a post-dated check, under federal law e check cannot be deposited before e date written on it. And if you give e agency a check wi e date more an five days in e future, e collector must. Amazing Insights on Home, Money and Life. is section does not apply to a postdated check or to a check given for a past consideration, except a payroll check or a check issued to a fund for employee benefits. § Subd. 6.Release of account information to law enforcement au orities.