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Is post dating checks legal

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Sometimes the question arises whether post-dated checks are covered by the statute. upon presentation.” The crime may be more serious if the check-writer is a recidivist or the amount of the check is very large. Another line of reasoning taken by the courts supporting this view is that bad check statutes do not apply to postdated checks, because such checks do not conform to the definition of a check in the Negotiable Instruments Law, that is, “a bill of exchange drawn on a bank payable on demand.” Other courts, though, have held that postdated checks are within bad check laws . Nonetheless, perhaps there are circumstances under which a worthless check charge would make sense. Finally, if my check to my mechanic had been dated today, it appears that I could be charged with writing a worthless check even if he and I agreed that he would not cash the check until Monday. But that might be hard to prove, and the amount involved—the bounced check fees—probably aren’t enough to sue over. If they weren’t, “pay day” lenders, and other crude forms of credit, couldn’t exist.Only “properly payable” checks are supposed to be cashed by banks. 14-107, it’s a Class 2 misdemeanor to write a check, “knowing at the time . that [the check-writer doesn’t have] sufficient funds on deposit . My mechanic dutifully waits until Monday to cash the check, but it still bounces. The main reason the law lets banks cash post-dated checks is that it’s too hard to look at checks for their date.

The sweeping language in , though, I wonder, whether a distinction could be made between a situation where the check-writer genuinely expects to have the money to cover the check on the date he assigns, and a situation where the check-writer knows full well that he will not have the money to cover the check on that date. There may be an argument that in the latter type of case, the check-writer does “know[] at the time of the making” that he doesn’t have, and won’t have, sufficient funds to cover the check. knowing at the time he did not have sufficient funds.”). R.3d 464 (1973) (suggesting “that this division of authority . It’s worth noting here that our statute does cover drafts as well as checks. may be occasioned more by differences among the statutes involved, than by differences of opinion as to the legal principles applicable”).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. The rent check of 5 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.