Is predating a check legal

24-Sep-2017 11:35 by 8 Comments

Is predating a check legal - Hot gossip adult chat sydeny

The only way you can spare yourself from having the check cashed early is by notifying the bank in advance. Questions can be answered only through this column.

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Generally, a bank is permitted to cash your check when it receives it, even if the check is paid before the date on the check and even if it causes the check writer to incur bounced-check fees.

If you write a check with a date in the future written on it, 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.

She assumed it would be at least four days - the date she wrote on the check - until the bank would cash it. "My bank cashed the check and then charged me [a] nonsufficient funds fee," the New York City woman explained. So, in practice, postdated checks are often cashed earlier than the check writers expect.

"If the bank doesn't pay attention to the date on the check, then why put a date on the check at all? In theory, when you postdate a check - that is, write a future date on it - the check becomes negotiable only on the date on 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.

If you wrote a postdated check and your bank cashed it after you gave reasonable notice of the postdating, a skilled attorney experienced in banking laws and regulations can advise you of your rights and remedies.You could give the creditor a specific date and ask it to wait for payment until then.You could also write the check with the date, but hang on to it yourself.There is, however, one situation in which a bank can be held liable if they cash a post-dated check too soon.That’s when you notify the bank ahead of time that you've written a post-dated check and they shouldn't cash it until the date you've indicated. You'll need to give the bank a good description of the check, including the check number, the payee and the amount.In some cases, you'll have no choice but to pay the fees.

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