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Home > Money & Services > Banking   »   Post dating checks

 
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Old Jul 25, 2006, 05:46 PM
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Post dating checks

Is it ever legal to post date a check?

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Old Jul 25, 2006, 05:52 PM   #2  
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Yes, I believe its acceptable pre date or post date a check, as long as the funds are there when you say they'll be and the funny dating isn't interfering with anything else like a due date or a contract obligation. But it may not be acceptable to who you are giving it to and that's would be a different matter.
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Old Jul 25, 2006, 06:35 PM   #3  
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I agree with Val here, however I have to add that most banks do not look at the date, so if the person you post-dated the check to cashes it, then the funds are withdrawn.
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Old Jul 25, 2006, 07:30 PM   #4  
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I wll agree, i have had people run posted dated checks though my account often. Even a month or two early.
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Old Jul 25, 2006, 10:14 PM   #5  
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You can post date a chk, but you are taking your chances. Banks do not look at the dates and will and can run them through early. When you give a post dated check to someone for a purchase, it is considered a debt as they have extended you credit.
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Old Jul 26, 2006, 02:45 AM   #6  
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All above is correct. Post dating a check IS legal, but it does NOT prohibit the recipient from cashing it. Once you give a check to someone, it's legal tender - even if dated for the future.

One note: Collection agencies in the US are permitted to elicit post dated checks with the promise to hold them til the date on them. If they cash them early they are in violation of the Fair Debt Collections Practices Act.
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Old Jul 26, 2006, 06:30 AM   #7  
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rickj is right on.

ten years ago right out of school i got behind in loans and defaulted. i worked with a collection agency to get back to clean status, and they required me (or at least talked me into) submitting a couple of post dated checks to get things rolling. they honored their promise not to cash until the proper date, but it was a nervous few months, since i really didnt know if theyd wait.

on the other side, i can also say i have had post dated checks cashed early. i cannot remember what i wrote it for, but i know it was to try to delay a payment, probably of some utility bill or something, until payday and it didnt work.
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Old Jul 26, 2006, 01:18 PM   #8  
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This amazes me…the difference b/w America and Canada.

From my understanding…

Here in Canada, we use post dated cheques. In which, a bank can NOT cash the cheque until the day on the cheque comes into being. So if it says Dec. 21, 2006, you have to wait until then (or later) to cash it.

While in the USA, they do not bother to look at the date on the cheque.

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valinors_sorrow agrees: I like how you guys spell the word better too!
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Old Oct 30, 2006, 12:18 PM   #9  
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Well it is legal as stated and it is risky for the maker of the check. If a post dated check makes it past the teller or into the processing system, then it is all over...the check will be paid. However, if you notify your bank that there is a post dated check out there, they will have to find a way to make certain that check is not paid. Please note you must give the bank ample warning. If you fail to do so, you have no recourse against the bank.
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Old Oct 30, 2006, 01:12 PM   #10  
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Maybe it is different from state to state in America, because I am from the USA, and I have written/received post dated checks. When I receive them, the bank WILL NOT cash the check until the date of the check.

Very seldomly have written a post dated check, but most of us have to from time to time-as I have a few times-and again, the banks around here will not "cash" them until the date of the check. To me-THAT would seem illegal otherwise. They may be able to post a deposit of a post dated check, but the funds are not available until the date of the check.

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CaptainForest agrees: Good points. It could be a state issue. From what I have been told, it happened in FL.
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