Postdating a check is it legal

leginfo.gov' A bank is not obligated to pay a check that is presented more than six months after its date of issue, but may do so if it wishes.

(Commercial Code § 4404) There is no law that prohibits a check writer from postdating a check (giving it a date in the future).

(f(4)) "The presentation of a postdated check is not subject to the civil or penal sanctions" that would normally apply to someone who wrote a check with insufficient funds because the postdated check promises "to discharge a present obligation at a future date" and that money would be available to meet the debt when the check is cashed.

Should the question arise the check is "postdated", there should be no problem if the debtor wrote the words "postdated" above the date of any of the checks submitted, however, without this kind of documentary evidence, it may be difficult for the debtor to prove the checks were "postdated".

But even under the alternative, why wouldn't a financial instrument (a check) NOT be legal? It basically becomes a promise to pay at some time, not on demand now.

However, in some other countries banks will not pay a check presented before the date written on it.

Although it might not seem right for a bank or credit union to disregard the date written on a check, they aren’t legally required to honor the request to postpone processing a transaction unless certain conditions are met by the check issuer. recently learned this the hard way when her bank processed a postdated check several weeks before she’d intended. had sent the check to a car dealership to cover the remaining

However, in some other countries banks will not pay a check presented before the date written on it.

Although it might not seem right for a bank or credit union to disregard the date written on a check, they aren’t legally required to honor the request to postpone processing a transaction unless certain conditions are met by the check issuer. recently learned this the hard way when her bank processed a postdated check several weeks before she’d intended. had sent the check to a car dealership to cover the remaining $1,500 payout resulting from turning in a leased vehicle ahead of schedule.

“Since we were still short a few hundred dollars, why not cover most of the payout, and send a postdated check for the rest later on,” she tells Consumerist.

You would need to send a notice of postdating to your bank describing the check.

This doesn't prevent the recipient of cashing the check, but it does prevent your bank from charging your account until the date you specify NOTE: This may be considered a form of stop payment, and you may be subject to the fees noted by your institution.

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However, in some other countries banks will not pay a check presented before the date written on it.Although it might not seem right for a bank or credit union to disregard the date written on a check, they aren’t legally required to honor the request to postpone processing a transaction unless certain conditions are met by the check issuer. recently learned this the hard way when her bank processed a postdated check several weeks before she’d intended. had sent the check to a car dealership to cover the remaining $1,500 payout resulting from turning in a leased vehicle ahead of schedule.“Since we were still short a few hundred dollars, why not cover most of the payout, and send a postdated check for the rest later on,” she tells Consumerist.You would need to send a notice of postdating to your bank describing the check.This doesn't prevent the recipient of cashing the check, but it does prevent your bank from charging your account until the date you specify NOTE: This may be considered a form of stop payment, and you may be subject to the fees noted by your institution.

,500 payout resulting from turning in a leased vehicle ahead of schedule.

“Since we were still short a few hundred dollars, why not cover most of the payout, and send a postdated check for the rest later on,” she tells Consumerist.

You would need to send a notice of postdating to your bank describing the check.

This doesn't prevent the recipient of cashing the check, but it does prevent your bank from charging your account until the date you specify NOTE: This may be considered a form of stop payment, and you may be subject to the fees noted by your institution.

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