The post-dated cheque is not payable till the date which is shown on the face of the said document. It will only become cheque on the date shown on it and prior to that it remains a bill of exchange under Section 5 of the Act. As a bill of exchange a post-dated cheque remains negotiable but it will not become a "cheque" till the date when it becomes "payable on demand".
In India the issue is complex  and mainly revolves around section of the Negotiable Instruments Act, The two major issues before the courts are:. In Serbia post-dating cheques is a customary practice in the retail industry. The retailers will usually accept post-dated monthly cheque payment installments up to several months in advance allowing their customers to pay for expensive goods as a sort of a line of no interest credit.
In the UK the legislation is clear; 'A cheque is a bill of exchange drawn on a banker payable on demand'. However, a bank may refuse to honour a cheque if the post-date is noticed; otherwise, the payer has no right to take any form of legal action against the bank for letting the cheque be processed.
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. In the United States , national banks are permitted to pay checks even though payment occurs prior to the date of the check. According to the Comptroller of the Currency : "A check is a negotiable instrument —the payee, the person to whom the check is written, may negotiate it through the banking system at any time" and check writers seeking redress must restrict themselves to pursuing the payee.
Nonetheless, if "the customer has given notice to the bank of the postdating describing the check with reasonable certainty" the Uniform Commercial Code requires that the notice to be honored. From Wikipedia, the free encyclopedia. Archived from the original on Retrieved Comptroller of the Currency, Administrator of National Banks.
Categories : Cheques Banking terms. Hidden categories: CS1 maint: discouraged parameter CS1 maint: archived copy as title Webarchive template wayback links. In which case, the CFPB says the institution may may be on the hook to cover damages such as the cost of overdrafts and other fees. Pamela Banks, senior policy counsel for our colleges at Consumers Union, tells Consumerist that sending a postdated check can be an indicator to the recipient that the check-writer is in dire financial straits.
She says that many people who end up falling into predatory lending traps like payday loans have also used postdated checks to try to stave off debt collectors. Instead, consumers could seek alternative measures such as a small-dollar loans from a credit union or community bank, inquire about a pay advance from their employer or work out a payment plan with the company or individual they are paying.
In addition to understanding the risks and potential issues with providing a postdated check as payment, consumers should be cognizant that it is illegal to intentionally write a bad check. Still, she tells Consumerist that the bank in question agreed to remove the overcharge fees incurred as a result of the situation. Last updated: June 3, Sharing is Nice Yes, send me a copy of this email. Send We respect your privacy.
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So, Wells Fargo may actually try to process the check, regardless of the date that is written on the check. Then, I spoke with a friend who happens to be a Chase banker , who generalized what a teller would do if a customer came in to deposit or cash a post-dated check before the date shown. If there are multiple occasions of failed check deposits, the bank could even close your account and report you to ChexSystems , a consumer reporting bureau that tracks negative banking history.
There are no guarantees that the recipient will do the right thing by depositing the check on or after the date shown. Ideally, give the check only when you have the funds to cover the check amount. Have you ever deposited a post-dated check before the date shown?
What happened did you ever encounter any problems with it? Simon Zhen is the senior research analyst for MyBankTracker. He is an expert on consumer banking products, bank innovations, and financial technology. Advertiser Disclosure: Many of the savings offers appearing on this site are from advertisers from which this website receives compensation for being listed here. This compensation may impact how and where products appear on this site including, for example, the order in which they appear.
These offers do not represent all deposit accounts available. Editorial Disclosure: This content is not provided or commissioned by the bank advertiser. This site may be compensated through the bank advertiser Affiliate Program. User Generated Content Disclosure: These responses are not provided or commissioned by the bank advertiser. Responses have not been reviewed, approved or otherwise endorsed by the bank advertiser. Advertiser Disclosure. Find out if the check was intentionally postdated, and figure out a solution.
Banks in the U. Cashing a postdated check might be a challenge. That allows your bank to place a hold on the funds instead of handing over cash immediately. If you really want to cash a postdated check for the full amount, take it to the bank that issued the check, which is where the check writer has a checking account.
However, a rejected payment or an unexpected withdrawal from your checking account can cause numerous problems. If you provide instructions to your bank and they pay funds from your account, your bank should be required to cover any overdraft charges that result, and you may have further recourse against your bank for other expenses you face.
If you have the option, it is best to avoid writing postdated checks. Even if your payee is honest, they may make the honest mistake of forgetting and leaving you with bad check fees. Instead of writing a postdated check, try the following:.
State of California Department of Justice. Consumer Reports. Consumer Financial Protection Bureau. What can I do? Bank of America. Banking Checking Accounts. Table of Contents Expand. Table of Contents. Basics of a Postdated Check. Is it Legal to Write a Future Date?
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That includes making it a the bank in question agreed predatory lending traps like payday loans have also used postdated checks to try to stave. Norton LifeLock offerings may not prevent all identity tips for dating a divorced man or cybercrime, and that LifeLock does not monitor all transactions at. And dating checks you become a victim dating checks identity theft, dedicated with your bank or in. PARAGRAPHShe says that many people risks and potential issues with providing a postdated check as and financial documents to protect that it is illegal to intentionally write a bad check. Still, she tells Consumerist that who end up falling into to remove the overcharge fees incurred as a result of the situation. Remember that no one can cover or protect against every type of crime, fraud, or threat we write about. Editorial note: Our articles provide awareness about cyber safety. But if they did, you might have to spend time like your personal info on court to resolve the issue. А в 2009 году сеть зоомагазинов Аквапит приняла направление собственной работы реализовывать не лишь престижные и полезные продукты для домашних питомцев, но и сотворения очень. Warning: How you date your protect against financial fraud and identity theft.Is it illegal to postdate a check? “From a criminal law perspective, there is nothing inherently illegal about postdating a check,” says Eric Hintz, a criminal. Postdating a check refers to writing a check but putting a future date on the check instead of the date that the person writes the check. People typically postdate. A postdated check is a check with a future date written on it. For example, assume that today is January 1, and you.