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Post dated check – is it illegal?

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I wrote a post-dated check to be cashed in 5 days. The guy that cashed it, cashed it before the date and overbalanced my account. I tried to make the responsible for the money and they said it was against the law to write a post-dated check. Is this true?




I'm not sure about it being against the law, but I do know most people/places will not accept post dated checks anymore. Where I work if someone gives us a posted dated, we cash it, when we get it.

Sub: #1 posted on Fri, 09/12/2008 - 16:28

lmale lmale

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There's no such thing as a post-dated check anymore. You need to have the funds in the account when you write the check. This is a valuable lesson for next time.

Sub: #2 posted on Sun, 10/05/2008 - 07:31

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Prissy this post is over a month old, but we appreciate your input. :)

Sub: #3 posted on Sun, 10/05/2008 - 07:35

Shazzers Shazzers
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I work at a bank and yes it is absolutely illegal to write a post-dated check. If you write a post-dated check to a person sometimes the teller will notice it and not cash or deposit the check, but if you write the check to a business the check gets deposited along with many, many other checks that the teller is not required to go through... therefore will almost undoubtedly go unnoticed. You should really never write a stale check, not only because it will cause you to overdraft your account, but if the check is sent back it also causes the person you wrote the check to to get a fee that they can turn around and collect from you.

Sub: #4 posted on Sun, 10/19/2008 - 16:53

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It is NOT illegal to write a post dated check....according to banking regulations, there is no such thing as a post dated check....big difference. You have no protection if you write a post date to an individual or company. The only time you are covered is when writing a post date to a collection agency under the fdcpa.

Sub: #5 posted on Wed, 10/22/2008 - 06:12

SOAPLADY SOAPLADY
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Isnt post dating a check just another way of saying I dont have the money right now? SO why even bother?

Sub: #6 posted on Tue, 07/07/2009 - 19:28

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CA's do a lot of post dated checks and consumers are protected by they regs of the FDCPA...it kind of insures payment will be made each month.

Sub: #7 posted on Tue, 07/07/2009 - 19:35

SOAPLADY SOAPLADY
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if i deposit a postdated cheque in my own account and take the money out of an atm is this allowed if i cant cover the cheque until the date the cheque is postdated for.

Sub: #8 posted on Thu, 12/10/2009 - 11:10

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Ok so here is my story, i write a post dated check for a specific date, the company changes the date and tries to cash and does so, isnt this check fraud.

Sub: #9 posted on Mon, 01/04/2010 - 12:51

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To Rob ---
What you speak of is considered "kiting," and it is illegal. Banks have taken large preventative measures to prevent kiting. Namely, if you deposit that check, the funds will not be instantly available -- rather, the bank won't make those funds available until the check actually clears. Since the check won't ever clear, the funds will never be available for you to actually withdraw from the ATM. I suppose if your bank has given you overdraft protection, then your scenario is possible; although if the bank catches on to such practices, they may prosecute you under state or federal bank fraud statutes.

To Geo--
If the company actually alters your check and changes the date, then I do believe it would be considered a form of check fraud/forgery.

Sub: #10 posted on Mon, 01/04/2010 - 22:04

DebtCruncher DebtCruncher
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