Is post dating checks illegal
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To do this, many or all of the products featured here are from our partners. So you date the check a few days in advance — also called postdating it — hoping your paycheck will clear by then. Here’s what you need to know about postdating and what you can do instead.
And, seeing an attorney early may aid you in clearing up this matter before it blows up into something more complicated and expensive.
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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.
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.
This goal addressed the concern that having 50 different sets of state laws governing such transactions would cause confusion, conflict, and delay in interstate commerce.
Although the UCC is not itself a law, it has been enacted in all 50 states (with limited modifications in certain states).
But, there is an exception to this rule: The bank must not charge the person’s account if: (UCC 4-401 (c).) Should the bank nevertheless charge the payor’s account even after receiving proper notice of post-dating as described above, the bank may be liable for damages to the payor that result, including damages from dishonor of later checks drawn on the account.
It was not clear from your question whether you promptly notified your bank of the post-dated check, but it seems that you did not because you do not mention it.If you do accept post-dated checks, as I do, be wary. According to Financial Consumer Agency of Canada, No. If you write a post-dated check, under the clearing rules of the Canadian Payments Association (CPA) your check should not be cashed before the date that is written on it…