Post Dated Check Law and Legal Definition
Post-dated cheques are common and enforceable. But, in general, it is not a crime to post-date a check. Postdated checks also might be used in some kind of scam or fraud, especially when they are dated for a long time away from the current date.
Postdated Checks - Business
This may take a second or two. Toggle navigation CriminalDefenseLawyer. Write a date for the future on the dateline. If you plan to write a postdated check, experience project hookup ask for permission before doing so.
In such instances, one's checking account might be overdrawn, as the check might be paid before the drawer was ready to have it paid. In other words, you could postdate the check. It was not clear from your question whether you promptly notified your bank of the post-dated check, but it seems that you did not because you do not mention it.
Ask your bank about requirements and fees for postdating a check. In Serbia post-dating cheques is a customary practice in the retail industry. Does intentionally writing a bad check become considered check fraud? Check fraud laws vary somewhat from state-to-state. From Wikipedia, the free encyclopedia.
- Now, I learn that he immediately tried to cash the check and it was refused by the bank!
- Whether a post-dated cheque may be cashed or deposited before the date written on it depends on the country.
- Unless you set things up correctly with your bank, the bank is free to pay funds out of your account before the date shown on your check.
Find out if the check was intentionally postdated, and figure out a solution. Fraud of any type requires a misrepresentation that the victim relied upon. However, the bank did not honor the check, so at least you are spared overdrafts resulting from the check being cashed. Find out about Check Fraud Penalty charges and penalties.
You did not commit a crime and you probably did not violate the law. And, seeing an attorney early may aid you in clearing up this matter before it blows up into something more complicated and expensive. If you have the option, it is best to avoid writing postdated checks. For example, dating xenotime assume that today is Jan. Postdated checks are written to be drawn from the checking account only after a certain date.
As a result, you have not engaged in fraud. Make sure they know that the check is postdated, and verify that this is acceptable. Watch Out for those Overdraft Fees!
What are Postdated Checks
- Debt collectors and other businesses may be prohibited from processing a check before the date on the check, but most individuals are free to take postdated checks to the bank immediately.
- Start here to find criminal defense lawyers near you.
- As mentioned earlier, banks will still accept postdated checks regardless of whether or not the date has come.
- Cashing a postdated check might be a challenge.
Even if your payee is honest, they may make the honest mistake of forgetting and leaving you with bad check fees. For payees given postdated checks, the acceptance of such checks should only be done after considering the problems and risks that might come along with postdated checks. Close Window Loading, Please Wait! Comptroller of the Currency, Administrator of National Banks. They can be deposited into any given checking account, then, because even if funds are not paid immediately, they will eventually be made available, just like an ordinary check.
That is, he may be trying to squeeze more money out of you through a threat of criminal prosecution. You did not misrepresent anything, because you truthfully told the tech support contractor that funds were not immediately available but would be on the date that you post-dated the check. In general, however, postdated checks are perfectly acceptable in most instances. Sales Sales Affiliates Library Trade.
How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. In the future, be sure to immediately notify your bank of any post-dated checks. Communicate with your payee about your needs and expectations for when the check can be deposited. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. What are Postdated Checks?
The date you choose to use is not part of a legally binding agreement between you and the payee. No Fraud Because No Misrepresentation Fraud of any type requires a misrepresentation that the victim relied upon. This is because postdated checks are essentially just negotiable instruments with a clause attached, where that clause does not affect the negotiability of the instrument.
This check-writing hack may not work the way you expect it will
It is common for the terms and conditions of current accounts to state that post-dated cheques should not be written and will be dishonoured if detected. Banking and Loans Checking Accounts. Even simplistically, one might lose a postdated check while waiting for the date to come. In some instances, postdated checks will be treated as payable, dating a doctor yahoo answers regardless of their postdated status.
Lawyer Marketing Lawyer Directory. Writing one that bounces could trigger penalties and interest charges. In most cases, you can deposit or cash a postdated check at any time. If you need a few extra days for funds to clear in your account, ask your payee for an alternate payment date.
Post Dated Check Law and Legal Definition
Where a demand for payment of a cheque is made before the date of the cheque arrives, the cheque shall not, by reason of the demand, be taken to have been duly presented for payment. The post-dated cheque is not payable till the date which is shown on the face of the said document. He did not rely on any misrepresentation, but rather disregarded a truthful representation. He said okay and dashed off to his next appointment.