Postdated Checks - Business | thebluetones.info
But you could just as easily write next week's date on the check and say you wrote it January 8th. In other words, you could postdate the check. The issue of a post dated check legal changes the nature of the document, ie, rather than Here is a good example of a New York State (of the United States of . M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney Answered 8 years ago | It is not "illegal" to accept post dated checks.
For instance, a postdated check cannot be used with the intent to prevent any money from being drawn from a checking account by receiving whatever goods the drawer buys from the payee with the postdated check and then canceling the check before it can be drawn by the payee. In general, however, postdated checks are perfectly acceptable in most instances.
As mentioned earlier, banks will still accept postdated checks regardless of whether or not the date has come. This is because postdated checks are essentially just negotiable instruments with a clause attached, where that clause does not affect the negotiability of the instrument.
They can be deposited into any given checking account, then, because even if funds are not paid immediately, they will eventually be made available, just like an ordinary check. In some instances, postdated checks will be treated as payable, regardless of their postdated status.
In such instances, one's checking account might be overdrawn, as the check might be paid before the drawer was ready to have it paid.
As such, it makes sense for a drawer to alert his or her banking institution as to the postdated checks in question to at least have greater assurance that his or her checking account will not be overdrawn.
For payees given postdated checks, the acceptance of such checks should only be done after considering the problems and risks that might come along with postdated checks.
Is it illegal to post-date a check?
Even simplistically, one might lose a postdated check while waiting for the date to come. Although the UCC is not itself a law, it has been enacted in all 50 states with limited modifications in certain states.
A post-dated check is an order to pay the bearer at a definite time in the future. But, there is an exception to this rule: 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.
- Internal Server Error
This means you likely cannot take advantage of the protections afforded by Section However, the bank did not honor the check, so at least you are spared overdrafts resulting from the check being cashed. In the future, be sure to immediately notify your bank of any post-dated checks. No Fraud Because No Misrepresentation Fraud of any type requires a misrepresentation that the victim relied upon. You did not misrepresent anything, because you truthfully told the tech support contractor that funds were not immediately available but would be on the date that you post-dated the check.
He did not rely on any misrepresentation, but rather disregarded a truthful representation. As a result, you have not engaged in fraud. That is, he may be trying to squeeze more money out of you through a threat of criminal prosecution. See a Lawyer 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.