Post dating checks california
Some states, including California and Georgia, place responsibility on check writers to ensure their checks are not cashed or deposited too quickly.
Other states, like West Virginia, place responsibility on the person the check is written to.
That’s because once a check is signed it becomes legal tender, and, according to the Consumer Financial Protection Bureau, banks and credit unions can generally use their own discretion when deciding when to process a check – all without regard to the check’s printed date.
The only way to possibly prevent a postdated check from being processed early is to let everyone involved know in advance — and in a format that goes beyond just postdating the check.
You can land in legal trouble if you intentionally postdate a check knowing there will be no money in your account or the account will be closed by the check's date.
To defraud someone in such a way for goods and services is illegal in all states.
You postdate a check by writing a future date on it.
People typically do this when they want to give a check to someone but aren't certain they'll have enough money in their account until a certain date to cover it.
Because they might not always have enough money in their accounts on the day they write those checks, some folks will postdate their checks so that they aren’t deposited or cashed until after that date.Personal checks (and other “negotiable instruments”) are covered by provisions of the Uniform Commercial Code (“UCC”), a set of model laws first developed in 1952 by some of the top legal scholars in the U. The drafters of the UCC intended to create a single body of regulation to uniformly cover commercial transactions, particularly interstate transactions.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.A judge might have to see whether the checks given in evidence bear sequential serial numbers, or appear to have been written at the same time. Special rules apply if a check postdated by more than five days is given to a debt collection agency or a creditor who regularly collects its own debts.The payee must give notice to the check writer at least three days, but not more than ten days, prior to depositing.