Is it ever legal to post date a check?

walt17

Post dated checks are legal and in most cases the bank is allowed to cash them. The exception is when you notify your bank that you have post dated a check. This is in accordance with the UCC (Uniform Commercial Code), which most states follow. The following link may help.

Illinois Legal Aid | Can the Bank Pay a Post-dated Check before the Date on the Check?

Leathal

Even though my posting was referring to the law in Canada both by the Government and by the The Canadian Payments Association which banks here in Canada must abide by, it turns out the post-dated rule that banks use here in Canada today is a rule that the banks themselves have implimented even though it goes against the law. It's only when client threaten to sue the bank or get the FCAC or CPA involved that they back down as they knew they are legally responsible for the making sure the check isn't cashed on the date before it was posted.

CPA - The Canadian Payments Association

Rule/Law:
A1 General Rules Pertaining to Items Acceptable for Exchange, for the Purposes of Clearing and Settlement, which states that any bank that is a member of CPA cannot cash your cheque before the date indicated on it.

Government of Canada / The Department of Justice of Canada

Rule/Law:
Bills of Exchange B-4 which has been in legislation since 1882, the latest amended version still consists of the same law and wording for post-dated or antedated cheques.

FCAC - Financial Consumer Agency of Canada a division of the Government of Canada, they also uphold the Rules/Law which The Canadian Payments Association has set forth.

In the USA I would check the "Bills of Exchange" (the US version) to see if ti conflicts with the state law, if it does you then have a case.