Is post dating checks illegal
However, legally, some jurisdictions have laws that allow the negotiation of post-dated checks under the premise that the…Section 4-401 of the Uniform Commercial Code provides that it is perfectly legal to write a post dated check, though many banks tend to lie and say that it is illegal so they can get out of admitting they made…Then you cancelled the account, and you had to know that this meant that the check which you wrote would never… Most banks expect you to submit signed checks with future dates as guarantee for loans that you ask from them. Some banks may ask you to not fill up any dates but…A little definition first: "post-dating" is the practice of entering a date in the future in the "date" area of the check. Though it is illegal in some states to request someone to write you a (or many) post dated checks to guarantee payment. This depends upon laws in your particular jurisdiction, but in most cases, there is no such thing as a "post-dated check" in the eyes of the law.This prevents the person receiving the check from cashing it until the date written on the check.In the future, be sure to immediately notify your bank of any post-dated checks.
Anytime criminal prosecution is threatened, it is wise to consult with an attorney, whether to ease your concerns about your own actions or to determine if the person threatening is engaging in extortion.
Post-dated checks are technically illegal throughout the entire US.
Once someone hands you a signed check, you are legally allowed to deposit that check at anytime.
This means you likely cannot take advantage of the protections afforded by Section 4-401.
However, the bank did not honor the check, so at least you are spared overdrafts resulting from the check being cashed.
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This article discusses general laws about checks, post-dating, and the parties’ rights.