Is post dating checks illegal Xxx camtocam br
However, a bank has no duty to respect that limit, and may pay the check in advance of its stated date, unless the customer gives notice to the bank of the postdating, describing the check with reasonable certainty.(Commercial Code § 4401) It is a violation of the Fair Debt Collection Practices Law for a debt collection agency or a creditor who regularly collects its debts to deposit a postdated check before its due date.But they may be referring to the fact that you're not supposed to give someone a check that you know is not good at that moment. I'm working with the bank to see if they can't give you more of a break this one time. You will get burned, and you will be the one in the wrong.
Should the question arise the check is "postdated", there should be no problem if the debtor wrote the words "postdated" above the date of any of the checks submitted, however, without this kind of documentary evidence, it may be difficult for the debtor to prove the checks were "postdated".State and federal laws cover the cashing and depositing of postdated checks, and laws vary from state to state.It's not illegal to postdate a check, unless you're attempting to commit fraud.A Canadian bank, for example, is not supposed to process a post-dated cheque and if it does so by mistake, the cheque writer may ask his or her bank to correct the error.In the United States and the UK, post-dated cheques are negotiable instruments and can be drawn upon at any time, while in India post-dated cheques are not payable until the date written on the cheque.