Is post dating a check legal edward norton dating shauna robertson
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.
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There are some consideration though if you write a check that you know has no funds.
You postdate a check by writing a future date on it.
People typically do this when they want to give a check to someone but aren't certain they'll have enough money in their account until a certain date to cover it.
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".
A judge might have to see whether the checks given in evidence bear sequential serial numbers, or appear to have been written at the same time. Special rules apply if a check postdated by more than five days is given to a debt collection agency or a creditor who regularly collects its own debts.
According to the Comptroller of the Currency: "A check is a negotiable instrument—the payee, the person to whom the check is written, may negotiate it through the banking system at any time" and check writers seeking redress must restrict themselves to pursuing the payee.
In practice, whether the check writer has any redress against the financial institution where the payee deposited the check may depend on whether it can be shown that the check was accepted over the counter without examination.
The payee must give notice to the check writer at least three days, but not more than ten days, prior to depositing.