Postdating a check is it legal

Though, as I research the subject more, it appears that there may already be laws in place that prevent these checks from being the sole deciding factor in whether or not an individual gets the housing they seek.

Thanks to automated payments and online banking, many of us rarely (if ever) write checks, but millions of Americans still pull out their checkbooks every day to pay their bills.

Because they might not always have enough money in their accounts on the day they write those checks, some folks will postdate their checks so that they aren’t deposited or cashed until after that date.

Unfortunately, the fact is that there’s generally no actual obligation to honor the date on a check.

postdating a check is it legal-37postdating a check is it legal-59

The payee must give notice to the check writer at least three days, but not more than ten days, prior to depositing.

And the check must be covered when it is supposed to be, and if not, then it can be a criminal act.

Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand.

(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".

Leave a Reply