Postdated Check Lawyers
What is a Postdated Check?
If you write a check with a date in the future, so that the check cannot be cashed until the date on the check, then you have written a postdated check. Unlike a normal check, a postdated check is not necessarily payable on demand. Because they are not payable on demand, most states refuse to cover postdated checks under bad check laws.
Is My Bank Allowed to Cash a Check with a Date in the Future?
Generally, a bank may cash your check when they receive it, even if your check is paid before the date you wrote on the check. However, in some circumstances if you give the bank reasonable notice, they will be prevented from cashing it until the date on the check.
How Do I Give My Bank Reasonable Notice?
In order to prevent your check from being paid until the date you wrote on the check, you must give the bank reasonable notice of the postdating by describing the check with reasonable certainty before the bank receives the check. In most instances this would mean you would have to:
- Identify yourself
- Identify your account
- Describe the check including the date, check number, and amount
- The name of the person the check was made out to
I Gave My Bank Reasonable Notice but They Paid My Check Anyway. What Can I Do?
If you suffered losses because your bank cashed the check, despite giving reasonable notice, then you should speak with an attorney to discuss your rights and remedies.
Is it Alright to Accept Postdated Checks?
If you choose to accept a postdated check, you run the risk that the person who wrote the check could close their account, or their account will not have sufficient funds when you deposit the check. Unfortunately, you may have a difficult time demanding payment by the bank, or claiming that the writing of the bad check was done with the intent of committing fraud since most states refuse to recognize postdated checks as check fraud.
Do I Need a Lawyer?
If you wrote a postdated check and your bank cashed it after you gave reasonable notice of the postdating, an attorney experienced in banking laws and regulations can advise you of your rights and remedies. If you accepted a postdated check for goods or services and a bank will not accept the check, an attorney may help you recover funds from the person who wrote the check.
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Last Modified: 11-11-2011 04:26 PM PST