Is postdating a check


27-Jun-2017 13:30

Any check or draft that has a future date written upon it by the user.

The amount of the check will not be drawn from the account until the date written on the check.

While running errands this afternoon, I stopped by the bank to deposit a check. “It had been so long that I thought they must have lost it.

All of the tellers were occupied with difficult clients. She tried to help the woman figure out where the problem was. I’ve already used that money for something else.” The teller didn’t say anything. In my younger days, I had similar experiences (though never with checks that were just a few weeks old). Or should I keep it in my account in case the check actually goes through?

[because] there is no language in the statutes which can be interpreted to exclude postdated checks, or [because] even though such instruments are not checks, they are drafts, and drafts are covered by the statutes. Of course, it may be difficult to prove that the check-writer knew that he wouldn’t have money to cover the check on the assigned date – and if the state were able to prove that, it likely could charge the check-writer with obtaining property by false pretenses. 812 (1942) (“[T]he fact that [the writer] had an agreement with the [payee] not to deposit [certain checks immediately] would not exculpate him from having issued checks . rule should apply on these facts, as “[t]here is no essential difference between a postdated check and one given with the understanding or agreement that the same shall be held and presented by the owner at a future date”).

The sweeping language in , though, I wonder, whether a distinction could be made between a situation where the check-writer genuinely expects to have the money to cover the check on the date he assigns, and a situation where the check-writer knows full well that he will not have the money to cover the check on that date. There may be an argument that in the latter type of case, the check-writer does “know[] at the time of the making” that he doesn’t have, and won’t have, sufficient funds to cover the check. knowing at the time he did not have sufficient funds.”).

I tell him that I need to date the check with next Monday’s date, because my paycheck will be directly deposited into my bank account late on Friday, which will give me sufficient funds to cover the check.

For example, suppose that I write a check today to my mechanic for 0. Nationally, there’s a split of authority about whether post-dated checks fall within worthless check laws: [Some courts hold that they do not,] because the delivery of such a check implies on its face a present insufficiency of funds .

It is important to understand that, by itself, post-dating a check has no legal significance. Sometimes the question arises whether post-dated checks are covered by the statute.