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Posted by / 11-Aug-2019 21:57

What is postdating check

While it may be a crime for a tenant to write a check when there are insufficient funds in his account to cover the check, California's worthless check laws may not cover a landlord if a postdated check was accepted.According to California's bad check law, writing a check with the intent to commit fraud or knowingly writing a check when there are insufficient funds to cover the full amount of the check are both illegal.As a landlord, collecting a check that has been postdated could be dangerous.The tenant may know that he or she will not have the money in time, the check could have a stop-payment placed on it, or the check may bounce.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.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.

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.

leginfo.gov' A bank is not obligated to pay a check that is presented more than six months after its date of issue, but may do so if it wishes.

(Commercial Code § 4404) There is no law that prohibits a check writer from postdating a check (giving it a date in the future).

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.

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The Uniform Commercial Code states that a bank may honor a postdated check provided the check is otherwise safe to cash and the account owner has not provided the bank with "reasonable notice of the postdating.