Post dating checks legal

Banks aren't obligated to wait until the date on the check to cash it.Any check that's properly made out and has your signature is treated as legal tender, and the bank is free to hand over the money to the holder of the check.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 fact, in some states, a check payee can claim damages if a bank refuses to pay a post dated check.Banks are sensitive about dates on checks due to stale dating and post dating laws.

In other words, postdated checks only become "functional" after the date mentioned on the checks.

Some people write "post dated" checks, meaning that rather than the current date, they write a future date on the check, often because they hope you will not cash it before then.

Legally, banks can honor post dated checks at any time regardless of the date on the item.

This means that the initial holder of postdated checks cannot use them until the date on the checks has come.

This is not necessarily true, however, as there are some banks that will actually accept postdated checks and will deposit funds into the check holder's account in exchange for the postdated checks, even before the date of the check's date has come.

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