[svpaigoa]

I shall be out of station for 6 months and am required to make some monthly payments like for future rent,electricity,water,telephone insurance,etc. If I issue post dated cheques , as per the due dates of payments, to be paid against my future monthly salary to be credited to my bank a/c every month, I fear , some or all of them may be presented at once, even before due dates, and some of them shall be returned unpaid, and this return of cheques by banks for want of funds at that particular time shall affect my credit rating,etc. as American Banks do not treat post dated cheques different from regular cheque unlike in other countries. What is the correct position of the POST DATED CHEQUES as per Banking Law in AMERICA.
Whether I shall have any recourse against this apparently wrong practice of some banks in America?
I hope to find detailed answer to this querry,with citations,if any.
Thanks

[Ace High]

Have you tried setting your accounts up online?? You can have auto drafts done by your bank at designated dates or contact the companies like your electric and phone companies and setup auto drafts through them --- Ace

[Fr_Chuck]

You should not use post dated checks, you need to have either another family member or use online banking, for example you can set up someone to be paid on a specific day each month online.

The bank runs the majority of their checks electronicly, so the date can be easily missed.

[wynelle]

I agree with Ace. Try on-line banking.

If you can't, then get an automatic transfer from your account to the landlord, to be done monthly on a specific date.

[Sasiksasidhar]

How to treat post dated cheques received?

[walt17]

When you write a post dated check you are taking a risk that it will be cashed early. Most checks are processed by banks without being read by human eyes. So if it is submitted to a bank, they will cash it. And you have no legal recourse against them. They are permitted to do this by the UCC.

There is one exception. If you notify the bank ahead of time to expect a post dated check. But they may charge you for the extra work.

The following link will give you more info on this subject.

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

As others stated, an online bank account would be a better option. The bill pay services at many banks will allow you to set up automatic payments. Or mail them a check each month.