Can a company cash a post-dated check ahead of time?

Question

I am a college student who signed up for the gym three months ago. Two weeks ago, I was approached by a trainer and signed up for personal training. The initial fees were overwhelming, so I wrote him a post dated check for the 15th of this month, because I recently started a new job, and would be able to pay by then. The check was cashed through a third party of the gym (a company that handles their finances) on the 11th, and overdrafted my account, and is still overdrafting my account significantly due to insufficient funds. What rights do I have (if any) to compensation for this lost money?

Answer 1

Just go down to the bank, and talk to someone in charge, explain to them the check was not to be accepted for payment until the date specific on the check, the teller did not do the responsible job of checking the date, if they are a large enough bank they will work with you.

But don't call, actually go down, and visit...
 

Answer 2

It is illegal to write a post dated check so if you do, it is assumed that you miss dated the check by accident and the check is cashable upon demand.

I know of alot of companies that try to get you to write that check and post date it and had a door to door salesman do the same thing to me, and that was what I was told.

It should be illegal for them to ask for a post dated check and then cash it but it won't be until a lot of outraged citizens lobby for it. Usually the lobbying is done by big buisness and the average joe is screwed!

Answer 3

Firsty they shouldn't and if they did the bank should have stopped it. Secondly you shouldn't have post dated a cheque - you should have paid later. Did you let them know not to cash it until the 15th? I have worked in accounts and if the customer gave as the cheque and said it was post dated we would hold on to it but otherwise who has time to chech cheque dates? You would assume the dates would all be that day or before. You have to pay the fees. just like if a cheque bounces the company still has to pay a bank fee even though it was not their fault but the customer's fault. ife is unfair sometimes and some rules don't make sense.

Answer 4

***Edit because so many "experts" here DO NOT KNOW THE LAW. On August 1, 1996 our federal government changed the rules concerning Post dated checks. Unless you told your bank BEFORE the check was presented for payment you have no recourse! Here is one of thousands of links to this info http://www.wdfi.org/ymm/tip_of_month/sept16.htm

So, again your answer is NO RECOURSE

*** EDIT OVER

None really.

It is illegal to "post date" checks and no bank is required to hold a check until its date. If you write it, it is assumed you have funds to cover it.

Now, you may have a case against the trainer whom you wrote the check to. I would take a copy of your bank statement and go show him what he has done to you.

I hope you learned your lesson, if you don't have the money, don't buy it.

Answer 5

there is no such thing as a post dated cheque as they are not allowed

Answer 6

no it cant be cashed until the the date you have it for however they can deposit it to their accounts and it wont leave your account until the date on your check