a friend of mine borrowed money from me amounting to P3M. She issued a postdated checks, divided the amount into 4 checks. The first check is due on Dec. 15, but she asked me to extend the check. Since the check will be staled on Dec. 20, I'm worried that I won't be able to deposit the check anymore, since it is staled. What do you think is the best way for me to do, since she won't give me a new check in exchange for the old check that's going to be staled next month. I'm worried that she won't pay me.... The bank told me that check is good only for 6 months...how long would it take us if we're going to court? please help! any legal advice would be appreciated.
2006-11-17 12:20:49 · 4 answers · asked by maegan 1 in Politics & Government ➔ Law & Ethics
Never do that!
2006-11-17 12:24:30 · answer #1 · answered by daydoom 5 · 0⤊ 0⤋
Technically, you can deposit it whenever and if the bank doesn't care it doesn't matter. I work at a collection agency and we deal with postdated checks all the time. There's a law against a collection agency depositing a postdated check early, but one time a lady sent a postdated check to one of our clients (a phone co.) and they went ahead and deposited it b/c they don't care about postdated checks. As far as I know it's only collection agencies that have a law stating they can't deposit them early.
As far as getting your $$, you're in a tight situation. I would wait till she says the $ will be in there the 1st time. If she tries to extend it again go ahead and deposit it. Let her deal with the nsf fees if it bounces. You might have to call Judge Judy or something, but I would deposit those checks every month to rack up more nsf fees to teach her to screw around with you.
Well, ask your bank how much they charge you if you deposit a check that bounces. My company's bank charges 6.00. She will get hit over 30.00.
2006-11-17 20:33:09 · answer #2 · answered by Reject187 4 · 0⤊ 0⤋
you area not licensed or legally obligated to hold post dated cks, only attorneys and collection agency's you can cash them all if you wish just make sure the funds are in the act. cash them at the act. holders bank.
2006-11-17 20:28:53 · answer #3 · answered by roger k 2 · 0⤊ 0⤋
POST DATED CHECKS ARE REALLY PIECES OF PAPER.
YOU CAN DEPOSIT THEM ANYTIME..
THEY GOING TO BOUNCE ANYWAY....
AND YOU GOING TO GET HIT WITH FINANCE FEES...
YOU CAN'T DO ANYTHING UNTIL THE CHECK BOUNCES.
THEN HAVE COURT TAKE OUT WARRANT.
2006-11-17 20:27:56 · answer #4 · answered by cork 7 · 0⤊ 0⤋