I received a check and didn't noticed it was postdated. Of course, I took it to the bank and depostited it. Days later, I learned it didn't go through - and added $60 in fines. I tried to get the fines back from the check writer, but she just pointed out that I took it in too early. Can I ask the bank to waive some fees? Are they allowed to run the check through before the date on it? I know I didn't notice the date on the check, but I feel like the bank should have noticed, too.
2007-02-11 04:15:03 · 5 answers · asked by mooth 2 in Business & Finance ➔ Personal Finance
Ask the bank to be sure, but I think that post-dating a check doesn't make a difference about when it can be cashed. I believe it is considered a legal document and can be cashed as soon as the person who writes it completes it, no matter what date they put on it.
If the writer didn't want you to cash it until a certain date, she should have told you so. Since she didn't, it raises at least the possibility that she wrote the check knowing that it was not any good, and maybe she was trying to mislead you. In my opinion, she owes you the amount of money on the check, plus the $60 fee, and you have the right to ask for it in cash.
2007-02-11 04:20:57 · answer #1 · answered by Ralfcoder 7 · 1⤊ 0⤋
If you make a big fuss at the bank (speak to the manager) they may reverse the fees but legally they are not responsible for any post-dates they miss. Banks process thousands of checks per day and they've covered themselves against errors like this.
Essentially, a date on a check is meaningless. Be very careful who you give a post-dated check to and don't expect the bank to point it out to you when cashing.
If it was your error (i.e. if the person who gave you the check was "allowed" to post-date it then it's your fault and you shouldn't go after them. If they post-dated it without your approval then you may have something to stand on as far as recovering the fees.
Of course, they probably got charged by their bank too so if it was your fault you may have to consider paying some or all of their fees.
2007-02-11 04:25:28 · answer #2 · answered by haxemon 4 · 1⤊ 0⤋
POSTDATING A CHECK IS NOT ILLEGAL
IS SOME STATES IT IS ILLEGAL TO SILICATE A POST DATED CHECK
I WOULD TALK TO YOUR BANK MANAGER .. GIVE A GOOD EXPLANATION
IF YOU ARE A GOOD CUSTOMER AND GENERALLY DONT BOUNCE CHECKS . THEY PROBABLY WILL DO A BANK OVERRIDE OF THE CHARGES
BE VERY CALM, AND DON'T GET UPSET
IF YOU CAN MUSETR UP A FAKE TEAR OR TOO .. IT WOULD NOT HURT :).. LOL
THE LAW AS IT APPLIES NOW .. IF IF YOU GIVE SOMEONE YOUR BANKING INFORMATION YOU ARE ALLOWING THEM AUTHORIZATION TO USE THE ACCOUNT INFORMATION TO OBTAIN THE FUNDS AS AUTHORIZED . THE ATTEMPT TO OBTAIN THE FUNDS CAN BE MADE AT ANYTIME.
THAT IS WHY IT IS HIGHLY SUGGESTED THAT PEOPLE DO NOT POST DATE CHECKS
2007-02-11 04:33:45 · answer #3 · answered by Audae216 2 · 0⤊ 1⤋
I have also heard that postdating a check is illegal. Bring it up with your bank supervisor they should be able to help or at least answer your questions.
2007-02-11 04:22:50 · answer #4 · answered by Learn2LoveMe 4 · 0⤊ 0⤋
It's illegal to post-date a check. That's what I was always told. The check writer is responsible to you for your money you lost.
Whenever a renter would give me a check that wasn't good that day they would ask me to hold it a day or two. Didn't this person give you this courtesy?
2007-02-11 04:18:14 · answer #5 · answered by Pinkerton 3 · 1⤊ 0⤋