aaron

Jonesboro, AR

#1 Sep 3, 2009
does anyone know the law or if there is a law about taking post dated checks for payments?
someone

Caplinger Mills, MO

#2 Sep 3, 2009
I dont think there is a law against it, it is just merely meaning you cant cash it till that date because they wanna save their ass. I wouldnt take checks like that
knowledge

United States

#3 Sep 3, 2009
Look at art 4 of the uniform commercial code. There is not a law against postdated checks. If you are given a post dated check you may even cash it before the checks date. It is up to the bank whether they will honor it or not. The law protects the bank for cashing a post dated check before the date unless the drawor of the check provides the bank with check number and amount so that the bank has sufficient information to watch out for the check. I think its ucc 4-401..
post dated

United States

#4 Sep 3, 2009
A post dated check is legally considered a "promisary note" not a check, a check is payable on demand, when you accept a post dated check you know it is not payable on demand- changing the legality of the paper it is written on.

So if you try to cash it early and it bounces .. you are outta luck.

If you can prove the person wrote the check with the intent to defraud, and never pay, it might be possible to prosecute- but it could be an uphill battle. You will likely have to settle the issue in civil court, hiring your own attorney to recoup any monies verifiable owed.

The following checks are not prosecutable under Violation of Arkansas Hot Check Law:

*check not presented within 30 days

* a check which is not marked "insufficient funds" or "account closed" by the bank on which the check was drawn;
* a check that was given for a pre-existing debt (the writer was allowed to have credit);
* a post dated check the merchant agreed to take;
* a check the merchant agreed to hold to a later date, rather than present for payment on the next business day;
* a check in which the writer stated or implied that the check would not be honored at the bank, but the merchant took the check anyway;
* a check given for a partial payment on an account;
* any other situation in which Arkansas law makes it a civil matter, rather than a violation of the Arkansas Hot Check Law.

“do not feed the trolls”

Since: Nov 08

Mars Colony

#5 Sep 4, 2009
you need to check with your bank as to whether or not they will process a post dated check. Some will go ahead and send them through unless you specifically told them not to - in writing.

see the following

http://www.ehow.com/about_5214841_legality-po...
aaron

Jonesboro, AR

#6 Sep 4, 2009
Thank you guys for all the help.
never

Jonesboro, AR

#7 Sep 4, 2009
never take a post dated check for payment. take th epayment attime of transaction and dat eit that day and work out a date when you can cash the check. that way you have been paid and can legally prosecute if the check bounces. if you take a post dated check it means its a promissory note.
Richard Lewis

Quitman, AR

#8 Sep 8, 2010
knowledge wrote:
Look at art 4 of the uniform commercial code. There is not a law against postdated checks. If you are given a post dated check you may even cash it before the checks date. It is up to the bank whether they will honor it or not. The law protects the bank for cashing a post dated check before the date unless the drawor of the check provides the bank with check number and amount so that the bank has sufficient information to watch out for the check. I think its ucc 4-401..
I have a problem with your statement (as if you have actually read the article 4, "...watch out for the check." Watch Out?!? I think that if I inform my bank as to the facts that a specific check is written today for a payment 1.5 months from now - Not only should they abide by the information - but should have a specific mechanism to make that information "Factual and So." I allow the banks to use my cash. I expect some respect for that allowance. If the banks will not honor a specific and factual utterance of my check post-dated, then they (the banks) have not nor intended to uphold my trust. No Trust - No Bank. Here's the thing:
The participants of a Post Dated check AND THE BANK should have in person, writing, or some pure confirmation of the contract to make the payment - "Upon the Date So Stated" Once the utterer of the check, the recipient of the check, AND THE BANK understands the fact - A Post Dated Check Should only be honored ON THAT prescribed Date.
NUFF SAID
Now... whether this is true by law (I am not a lawyer), I would expect that my bank, upon specific notification, should honor my order and abide by that. And I would expect the recipient to also honor that order. The utterance of a check is a one way street in that it is funds given for "something." If there is a middle-man (the banks), they should honor upon order to make it SO. If there are services charges - so be it. They will gladly tell me upon my order. Then I can decide to follow through or make other arrangements - which may include Changing Banks.
Richard Lewis
Arkansas
the truth

Osceola, AR

#9 Sep 8, 2010
Richard Lewis wrote:
<quoted text>
I have a problem with your statement (as if you have actually read the article 4, "...watch out for the check." Watch Out?!? I think that if I inform my bank as to the facts that a specific check is written today for a payment 1.5 months from now - Not only should they abide by the information - but should have a specific mechanism to make that information "Factual and So." I allow the banks to use my cash. I expect some respect for that allowance. If the banks will not honor a specific and factual utterance of my check post-dated, then they (the banks) have not nor intended to uphold my trust. No Trust - No Bank. Here's the thing:
The participants of a Post Dated check AND THE BANK should have in person, writing, or some pure confirmation of the contract to make the payment - "Upon the Date So Stated" Once the utterer of the check, the recipient of the check, AND THE BANK understands the fact - A Post Dated Check Should only be honored ON THAT prescribed Date.
NUFF SAID
Now... whether this is true by law (I am not a lawyer), I would expect that my bank, upon specific notification, should honor my order and abide by that. And I would expect the recipient to also honor that order. The utterance of a check is a one way street in that it is funds given for "something." If there is a middle-man (the banks), they should honor upon order to make it SO. If there are services charges - so be it. They will gladly tell me upon my order. Then I can decide to follow through or make other arrangements - which may include Changing Banks.
Richard Lewis
Arkansas
no matter what you think - you need to go and reread the paperwork you signed when you opened your account. That and what they can do under the law is what the bank will honor, not what you think they should honor.
tree

Pacific, MO

#10 Sep 8, 2010
isaysobeit wrote:
you need to check with your bank as to whether or not they will process a post dated check. Some will go ahead and send them through unless you specifically told them not to - in writing.
see the following
http://www.ehow.com/about_5214841_legality-po...
most of the time when you present a post dated check for payment on or after the date and the bank will not honor it (unless the account was closed)it is treated as a civil case if you present a check prior to that date and the bank will not honor it and have not tried to redeposit it on the date when you go to court the judge will most likley tell you to go to civil court. if you don't follow the agreement when you take the check how can you expect the other party to follow it
Banker

San Ramon, CA

#11 Apr 19, 2012
There is no law that prohibits the issuance of a post-dated check; however, there are laws against issuing checks when you know that you don't have funds to cover them. Whether a particular state's bad-check law would make an allowance for the fact that a check was postdated is something you need to check in your own state.

Delivering postdated checks is not wise, however. That's because it's legal for your bank to pay a check even when it's postdated, unless you've taken the extra step to contact the bank and put it on notice about the postdated check, and requested the bank not to pay it until its date. From an operational point of view, this creates almost exactly the same work for the bank as a true stop payment order. For that reason, you may find that your bank will charge a fee -- often the same as its fee for a stop payment -- for handling a watch for a postdated check.
Guest

Euless, TX

#12 Apr 19, 2012
I don't think the bank will be responsible if a post dated check clears before the date. Most things clear electronically. I don't think the computer will recognize the date to kick it out. I can see that it really wouldn't be their responsibility.

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