Is it illegal for a vendor or anyone else to change a date on a check without your knowledge?

Question

I recently took out a payday loan at Money Tree I was able to view my check online via my bank acct today and saw that the date on the check had been changed. I called my bank & asked them I was told that if it were the signature or amount of check that were changed or altered then yes it would be considered illegal BUT they said that it was not illegal to change a date. Is this true?!?

Answer 1

It is definiely illegal. Unilateral tampering with a written commercial instrument in this case a check), is criminal forgery.
Phone your local District Attorney if you wish to pursue the matter
Unilateral changing of the bargain (contract for purchase and sale, Is an attempted rewriting of the contract by one party without the written consent of the other party(s). This is called a contract novation. It must have the consent of all parties. I presume that the check is for a purchase and sale. If it is, instead) for a contract of service, other rules apply, but he still cannot unilaterally change the service contract either.
The check forms an integral part of the contract. Incidentally the Cal. Unified Commercial Code Article 2 governs contracts for purchase and sale. The Cal. attorney General will tell you the law if asked. (because ignorance of the law is never a good excuse nor good defence, they have to inform)Good luck.
Dan the Answers-Man
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Answer 2

I think you talked to someone that is uninformed at your bank. Call back and ask to speak with the security officer or the auditor. Changing the date is considered an altered check.

Look up UCC 3-113, 3-114, 3-115, and 3-116. The Uniform Commercial Code sets out standards for negotiable instruments. Here is a link to the UCC http://www.law.cornell.edu/ucc/3/article3.htm#s3-113

Read it and make a determination. I think if you walk into your bank with this in hand, you will get a better response.

Answer 3

The date on the check does not really matter.

If you write a check and postdate it, the bank has no obligation to observe that delayed date. If the check is signed and presented to the bank, the bank can either cash it or refuse it, regardless of the date.

You have no protection by postdating a check. You must have sufficient money in the account before wrtting the check. If you pass a check without funds in the account to cover it, you have committed a crime, and can be prosecuted.

Answer 4

In some states it is illegal to post-date.
They would be allowed to alter it then.
Also, electronic or e-checks are governed by the user agreement and a lot of fine print.

Answer 5

NOT true in almost every State. Dan S has the whole scoop on this (good research!) and is correct under Contract Law as it applies to either goods provided or services rendered.
Unfortunately, the bank employee you spoke with is most likely misinformed or uninformed as to the legalities, and should have passed this matter on to the branch manager at your bank.

Answer 6

It might be illegal to post-date a check.

Answer 7

A document is made legal by signature and date. If the date is altered then the cheque could be voided. Money Marts have default charges for "late" payments, therefore by altering the date on a repayment they can also manipulate the cost of the loan and justify extra fees and charges. ..tricky!

Answer 8

Call the banking commisoner in your state and Attorney Generals Office in most staes it is illegal.
Kelly

Answer 9

why would someone want to change the date on the check? Sounds illegal to me.

Answer 10

I believe so because what if they took out the money before you had enough to cover the check. Of course the bank doesn't care cause they can charge you over drawn fees, more money for them.