Post dating checks legal
It is not illegal to write a post dated check nor to give it out as long as there is no illegal intent.The Question: I recently sent in my rent check early, as I usually do, with the date on the check reading Sept. The check was cashed by my landlord at his bank (Dollar Bank), and my own bank (Key) on Aug. There would have been enough money in there by Sept. One section, Article 4, 4/401(c), says: "A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice [such as stop payment] to the bank of the postdating." As far as whether it's illegal to postdate a check, it's not.
I was at the bank and the rep told me that post dated checks were illegal and I could go to jail for that. I thought a check was a contract between me and the person I wrote it to.There is, however, one situation in which a bank can be held liable if they cash a post-dated check too soon.That’s when you notify the bank ahead of time that you've written a post-dated check and they shouldn't cash it until the date you've indicated. You'll need to give the bank a good description of the check, including the check number, the payee and the amount.When you write a personal check, you're supposed to write the date in a designated spot in the top right hand corner of the check.Bank tellers are supposed to look at the date before allowing you to cash or deposit a check. The rent check of $425 cleared, but wiped out my balance, which was supposed to cover other checks and ATM withdrawals. The Answer: This is an important lesson for people, and a potentially expensive one for you: It doesn't matter what date is on a check -- it can still be cashed. She noted that such matters are governed by the Uniform Commercial Code, which concerns general business practices.
The checks usually aren't cashed until the first of the month and they clear my account on the second or third. Key and my landlord both said, "Too bad," and said postdating checks is illegal, anyway. There are no Federal Reserve regulations, which cover banking, that govern the payment of post-dated checks, said spokeswoman Anne Di Teodoro.
And if that person agreed to accept the check as post dated then there is not illegal about it as long as the funds were there to cover it. Hi, My name is XXXXX XXXXX I'd be happy to answer your questions today. It is illegal to write a check knowing that you do not have funds available in the account to cover it - that's considered check fraud.
I told her as a bank rep she had the right to accept or deny the check based on the date even if it is before the post date BUT in no way could they have me arrested or was there anything illegal about a post dated check. I would like to find the laws regarding post dated checks? From a legal perspective, no one can "know" the future (no matter how sure you are that something will come to pass).
We've always paid the total balance due each month.
The Answer: My first question for you: Why do you want to close it so badly?
People do this all the time, and it's not against the law.