Post dating cheques illegal

The bank’s not responsible, since the law lets banks cash post-dated checks 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.

That’s because once a check is signed it becomes legal tender, and, according to the Consumer Financial Protection Bureau, banks and credit unions can generally use their own discretion when deciding when to process a check – all without regard to the check’s printed date.

The only way to possibly prevent a postdated check from being processed early is to let everyone involved know in advance — and in a format that goes beyond just postdating the check.

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".

One of the myths that somehow refuses to go away is the myth that post-dated checks are "illegal." They are not.

There is nothing illegal, inappropriate, unlawful, unethical, unprofessional, or unconscionable about a creditor asking a customer to issue a post dated check, nor is there any reason a customer cannot issue one or a series of post dated checks to clear a past due balance.

Of course, even this preventative measure isn’t foolproof, as rules governing banks vary from state to state depending on the two types of notification given, the CFPB says.

In notice about a postdated check before the check is received, then the notice is valid for up to six months.

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