From the perspective of the payer, the best way to ensure that funds are not released early is to notify the bank not to release funds against this check any earlier than the date stated on the check. Because that's when I got paid and I thought the credit union wouldn't cash it until the 15th. Federal and state banking laws do not prevent banks from cashing checks prior to the date printed on the check. Keep in mind that this may change from place to place, since not every country has the same rules. He receives checks from some renters on the 28th or 29th of the month that are dated for the first of the next month. Anyway, they ended up taking him to court over the bounced check. If you really want to cash a postdated check for the full amount, take it to the bank that issued the check — where the check writer has a checking account.
You're writing a future date on the check, not past, to ensure that the check will not be deposited before that day. A postdated check offers the promise of controlling the uncontrollable: As time marches forward, you may wonder what the date on a check really does. This occurs when you notify the bank ahead of time that you've written a post-dated check and instruct not to cash it until the date you've indicated. Therefore, protecting them from being sued. This is from the June 19th version: Section 2 number 16 - Bill of Exchange: A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the perosn whom it is addressed to pay, on demand or at a fixed or determinable future time, a sum certain in money to or to the order of a specificed person or to bearer.
Why Would You Postdate a Check? The in their information to small businesses on avoiding advise: 'Do not accept post-dated or pre-dated cheques'. There is a way to prevent the payee from cashing the check before the date: providing reasonable notice to your bank. I read somewhere it was considered something like kiting to post-date a check when there was no money in the account to cover it the date it was written and telling someone not to cash it until next Thurs when a paycheck hits Is this true? At that point, the bank is supposed to honor your request. Ask the creditor to wait until you have the money in your account. They should watch for the check to arrive and only cash it if the date you've indicated has passed. Additionally, Oregon law states that your employer must pay you at least once every 35 days.
And should I have stated that with my check when I mailed it off? After the initial period of panic, grief and anger toward the bank and the person who had cashed the check, I did some serious digging into the regulations surrounding postdated checks. In Oregon, if your employer makes an error and underpays you, if the withheld amount does not exceed 5 percent of your wages, then your employer can wait until the next payday before paying you the remainder of your wages. In the United States and the , post-dated cheques are and can be drawn upon at any time, while in and post-dated cheques are not payable until the date written on the cheque. Some of the biggest banks, for example, note specifically that they can honor checks that are made out for future dates. I would like to know if it's against the law to post date a check, in Louisiana? The judge also stated that the check was no better than the paper it was printed on. Section 2 number 26 - Valid Bill: A bill is not invalid by reason only that it a is not dated; b does not specify the value given, or that any value has been given therefor; c does not specify the place where it is drawn or the place where it is payable; or d is antedated or post-dated, or bears date on a Sunday or other non-juridical day.
So does a post-dated check have any valid use in a business or personal transaction? Illinois Legal Aid Can the Bank Pay a Post-dated Check before the Date on the Check? In most cases, the recipient can at any time. Well, the bank may then be liable to you for damages, like overdraft fees, for instance. From the perspective of the recipient, there should be no entry to record the increase in cash until the date listed on the check. That said, if you agreed to wait before cashing a check, it might be illegal to do otherwise. Read full answer Hide full answer Don't see what you're looking for? The bank is free to hand over the money to the holder of the check at any point.
If you do accept it, you should check with your bank to see if they can process the check before the date on the check. Once you give a check to someone, it's legal tender - even if dated for the future. Your answers are always appreciated! I wrote a post dated check to our friendly or used to be friendly neighborhood store, they promised me they would hold it until the date I put on the check, unfortunately they cashed it 2 days before the date on the check. Risks for the Landlord As a landlord, collecting a check that has been postdated could be dangerous. Is there anything I can do about this? One thing is certain however, you absolutely have a claim against your payee.
By providing notice to your bank or just not writing a check until you can afford to, you can avoid fees and protect your money. I was under the impression that this is false, and that writing post-dated checks can actually be considered illegal under some of the worthless-check laws here in the United States. Does it provide any financial or legal protections at all? All of the banks I have worked at do not. However, if payday falls on a weekend or federal holiday, your state laws may require your employer to give you a paycheck before the normal payday. From my understanding… Here in Canada, we use post dated cheques. I worked with a collection agency to get back to clean status, and they required me or at least talked me into submitting a couple of post dated checks to get things rolling. But it was suggested that, perhaps, having such a check would make it illegal for the business to cash the check… but I believe that would make the check writer liable, and not the business that cashed it.
This is frightening as both my ex-wife and my landlord hold tens of thousands of dollars of my post-dated cheques! The bank will otherwise treat the check as payable on demand regardless of the date indicated on the check. Watch this video Does post dating check work: Dating chileans in spanish 604 Does post dating check work If you are single and shares the same faith then this should be your destination to finding a partner to love, to date and to marry. Luckily, I avoided overdraft fees, but this situation was still quite worrying. You could try calling the creditors who assessed the fees and ask them to waive the fee. Can You Prevent the Check from Being Cashed Early? From the perspective of the check issuer, there should be no to record the reduction in cash until the date listed on the check. Therefore, laws in states such as Oregon do not allow for post dating of checks but do enable your employer to delay paying you in other ways.