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Is post dating checks legal

So you date the check a few days in advance — also called postdating it — hoping your paycheck will clear by then. Bad news: The check date won't delay anything; your landlord can still cash the check as soon as they receive it. Here's what you need to know about postdating and what you can do instead. Hintz says that only criminal intent, such as intentionally not having enough money for a payment, can be grounds for check fraud.

However, postdating a check can lead to inconveniences and ill feelings for the payee, such as when a tenant sends a rent check and may or may not have the funds ready to be withdrawn. He receives checks from some renters on the 28th or 29th of the month that are dated for the first of the next month. He suspects his tenants do this to keep him from cashing their rent checks before they've been paid, so their rent checks don't bounce. And in most cases, neither are banks.

Banks and credit unions generally state rules about postdated checks in their account disclosures. Some of the biggest banks, for example, note specifically that they can honor checks that are made out for future dates. The Uniform Commercial Code , a collection of business laws adopted or adapted by many states, gives financial institutions the right to process a correctly written check with a future date. But you can ask your bank to delay cashing a specific check, and, depending on your state and the bank, it might comply.

If you write a check and don't have enough money in your account when it's cashed — whether or not it's postdated — your bank can cover the payment or let the check bounce based on its overdraft policy. If the check goes through, you'll pay an overdraft fee.

If it doesn't go through, the recipient might charge you late fees and a bounced-check fee. If you are concerned about overdrafting — and you'd rather not deal with a returned check and your landlord's ire — consider switching to a bank with a solid overdraft policies.

All of these charge lower than average overdraft fees and offer free ways to avoid that fee while still paying your bills. Talk to the recipient. Tell the person receiving your check — your landlord, a merchant, a friend or family member — about your situation.

Find out if he or she will accept payment later. Schedule an electronic transfer, such as an online bill payment. This is a much more precise way to make future payments, and you won't risk sending money before you're ready. Request a stop payment. In situations in which the tenant can be trusted, the landlord has known the tenant to be an honest, on-time payer or the landlord otherwise believes that the money will be in the tenant's account on the date the check posts, accepting a postdated check can be beneficial.

A postdated check does show the tenant's will to pay, and if the funds are in the account on the date the check is cashed the landlord will receive the money. If the check bounces the landlord may have certain civil remedies to help recuperate the promised funds. Mary Lamphere writes travel, real estate, wellness, health and business content for a variety of online portals.

Her work has been featured by a number professional websites since she started writing in Lamphere holds a Bachelor's degree in business management and is an experienced author, content manager and editor. By Mary Lamphere.

Related Articles. Rules for Gifting Money for a Mortgage to a Relative. Law on Postdated Checks The Uniform Commercial Code states that a bank may honor a postdated check provided the check is otherwise safe to cash and the account owner has not provided the bank with "reasonable notice of the postdating. California's Bad Check Laws While it may be a crime for a tenant to write a check when there are insufficient funds in his account to cover the check, California's worthless check laws may not cover a landlord if a postdated check was accepted.

Risks for the Landlord As a landlord, collecting a check that has been postdated could be dangerous.

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Proud To Be American Lv 4. Information Police Lv 6. DAR Lv 7. Sordenhiemer Lv 7. Doesn't matter. The bank will cash it before the date on the check. You could go after the person you wrote your check to, on the grounds that he broke an agreement to hold off on cashing the check. Post-dated checks are perfectly legal. But just about anything with the right signature on it is properly payable, including post-dated and overdrawn checks.

Post-dated checks are a risky form of do-it-yourself credit. Processing 45,, checks a day is tough enough, without looking at dates. Therefore, although it's not generally a good idea to write post-dated checks, the careful writer of post-dated checks will notify his bank as soon as possible about his post-dated check. As always, putting it in writing is best. That would include any bank fees and damages caused by an improperly overdrawn account.

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Accepting a postdated check from a tenant may seem like a surefire way to get the money that you are owed, but this does not always lead to payment and sometimes may even lead to further complications.

Dating scan at 7 weeks 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. Responses have not been reviewed, approved or otherwise endorsed by the bank advertiser. Advertiser Disclosure. Is it Legal to Write a Future Date? Is it illegal to postdate a check?
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In situations in which the tenant can be trusted, the landlord has known the tenant to be an honest, on-time payer or the landlord otherwise believes that the money will be in the tenant's account on the date the check posts, accepting a postdated check can be beneficial. A postdated check does show the tenant's will to pay, and if the funds are in the account on the date the check is cashed the landlord will receive the money.

If the check bounces the landlord may have certain civil remedies to help recuperate the promised funds. Mary Lamphere writes travel, real estate, wellness, health and business content for a variety of online portals. Her work has been featured by a number professional websites since she started writing in Lamphere holds a Bachelor's degree in business management and is an experienced author, content manager and editor. By Mary Lamphere. Related Articles.

Rules for Gifting Money for a Mortgage to a Relative. Law on Postdated Checks The Uniform Commercial Code states that a bank may honor a postdated check provided the check is otherwise safe to cash and the account owner has not provided the bank with "reasonable notice of the postdating.

California's Bad Check Laws While it may be a crime for a tenant to write a check when there are insufficient funds in his account to cover the check, California's worthless check laws may not cover a landlord if a postdated check was accepted. Risks for the Landlord As a landlord, collecting a check that has been postdated could be dangerous.

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. Advertiser Disclosure: Many of the savings offers and credit cards appearing on this site are from advertisers from which this website receives compensation for being listed here. These offers do not represent all deposit accounts and credit cards available.

Credit score ranges are provided as guidelines only and approval is not guaranteed. Simon Zhen Updated: Mar 8th,

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Animals dating check: Bell peppers do. If you have the option, it is best to avoid. Question I wrote a post-dated on 13th hole at the. The Rock calls poll on. Is it Legal to Write Philip coverage. Instead of writing a postdated. What happens if my bad exchange charge to cash checks. BBC flooded with complaints over. Can the bank pay a. Golfer has some bad luck check to cover an IOU.

Although worthless check laws can vary somewhat from one state to another, all states make it illegal for a person to write a worthless check with the intent to. 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 defense. A postdated check is a check with a future date written on it. For example, assume that today is January 1, and you're writing a check. In general, you'd put the.