Post dating checks illegal


07-Oct-2016 16:07

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. Recently, at the request of my tech support contractor, I renewed my service contract with him. You did not commit a crime and you probably did not violate the law.I asked that he not cash the check for a week because I would not have enough funds in the account until that time. He said okay and dashed off to his next appointment. Check fraud laws vary somewhat from state-to-state.He did not rely on any misrepresentation, but rather disregarded a truthful representation. Incidentally, the tech support contractor’s conduct may be edging into extortion.That is, he may be trying to squeeze more money out of you through a threat of criminal prosecution.

(Commercial Code § 4404) There is no law that prohibits a check writer from postdating a check (giving it a date in the future).(UCC § 4-401.) So, a bank can charge a person’s account for a check the person post-dated when the payee tries to cash it before the date on the check.