Postdating a check law

This is because postdated checks are essentially just negotiable instruments with a clause attached, where that clause does not affect the negotiability of the instrument.In some instances, postdated checks will be treated as payable, regardless of their postdated status.State and federal laws cover the cashing and depositing of postdated checks, and laws vary from state to state.It's not illegal to postdate a check, unless you're attempting to commit fraud.In other words, postdated checks only become "functional" after the date mentioned on the checks.This means that the initial holder of postdated checks cannot use them until the date on the checks has come.If he does cash it early, he can be made to pay fees and costs as well as potential civil penalties.

Postdated checks are written to be drawn from the checking account only after a certain date.

You can land in legal trouble if you intentionally postdate a check knowing there will be no money in your account or the account will be closed by the check's date.

To defraud someone in such a way for goods and services is illegal in all states.

Postdated checks are perfectly legal, as long as they are not being used for illegal purposes.

For instance, a postdated check cannot be used with the intent to prevent any money from being drawn from a checking account by receiving whatever goods the drawer buys from the payee with the postdated check and then canceling the check before it can be drawn by the payee.

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