when you write a check and post date it who authorizes it to cash it early?

Question

i wrote a check and post dated it so i knew the money would be there.. but the company cashed it now i have insufficiant funds.. and this company knew in advance the check would be post dated.. who is responsible for the 30.00 insufficient funds fee?

the financial instituion told me to send them a post dated check..so they knew they would get paid..

i did so they would get off my back

Answer 1

I disagree with pretty much everyone, mainly because the only reason it didn't work for you was because you failed to notify the bank.

You can write a post-dated check and have any agreement you wish regarding payment with your debt-holder, but if they break that agreement (probably verbal) and present it to the bank, the bank will pay it if they have no prior knowledge of it. In all honesty, they don't give a rat's rear end about the date.

BUT, if you give them written notice in advance NOT to pay a certain check (I think it has to be within 24 hours ... in other words, if it's presented within 24 hours they are not responsible if it gets paid out), then they will return it to the debt-holder as a nonpay. You will have to pay a fee for the bank to do it, probably $25 to $35.

But you are responsible for the overdraft ... next time get it in writing or the same thing can happen again. And call the bank in advance.

Answer 2

You are.
It is wrong / illegal to "post-date" a check.
You must have the funds in your bank to cover the check, when you write it & expect the receiver to cash it.
Call your bank & ask if you are allowed to do so.

Read this excerpt from an article I found about it:

"The Cashing of Post-dated Checks First - The Bank A bank should never honor a negotiable instrument (a check), that is not valid. A post-dated check is not a legal document.

Next - the person cashing the check Trying to cash a post-dated check may not be criminal, but you may be violating a contract, an agreement with the person who wrote the check if you promised to hold the check.

Finally - what about the person who post-dated the check? Post-dating a check is no different than writing a hot check, a bouncer; the law looks at it the same way. And, Henry that can mean fines and penalties for you. Not the pool guy, who cashed the check. Never, never postdate a check if you want the legal edge."

Answer 3

You can't really post date a check. The bank doesn't look at the date when they process a check. If you sent it into a company for a bill it may have been processed automatically and never even looked at by a human being.

You issued the check and sent it out there, unfortunately you are stuck with the fact it was cashed before you wanted it to be.

I wouldn't even send it out until you know the funds will be there.

Answer 4

If you dated the cheque for the 22nd then the bank should not have cashed it before then. If, on the other hand, you dated the cheque for when you gave it to the landlord, then he is entitled to cash it immediately, even if you asked him wait. There is a further complication in that if you knew there would be insufficient funds to cover the cheque when you issued it then you could be accused of fraud. Unless you have access to a very good lawyer, you should accept the NSF fees and take the lesson learned. Sorry for a crappy answer, but that's the way I see it.

Answer 5

Wow. I would say that your bank should be the one responsible for cashing the post marked check early. That line for the DATE is there for a REASON, not just to look pretty. I know that banks never look at the date issued on the check, but they SHOULD.
Best bet in the future would be to let them know the check is in the mail until you have the funds. USPS loses crap all the time. Get my drift?

Answer 6

I don't know about where you live but in most states, it is illegal to post date a check. In any case, once you hand a check over to someone, it's the same as sending them cash. Post dating a check in the hopes that you will make a due date, yet have the payee not cash it is a form of fraud. You owe the NSF fee.

Answer 7

Legally, the check is valid when WRITTEN. Post dating a check is illegal in some places and pointless everywhere else. The process on collecting a check NEVER involves looking at the date.

Answer 8

Not positive about this but I believe once you sign and hand over a check, it becomes a legal instrument and can be cashed immediately without regard to the date.

I feel your pain with regards to the payee not honoring the date they evidently agreed to. It doesn't seem ethical and I'd stop doing business with them if possible and let others know they don't keep their word.

Unfortunately, you're on the hook for the nsf charge.

Answer 9

You are responsible. It is illegal to post-date a check.

You have to have money in the back to cover it when you write the check or it can be considered fraud.

If they promised you they wouldn't cash it until later, you may be able to appeal to them to honor their word and cover the fee. But you have no legal leg to stand on.

Answer 10

Anyone, never, ever post date a check.