if you post date a check and tell the company not to cash it until a certain date can they run it anyway?

Question

heres my sister's dilema.. her car company called and she post dated a check for her carpayment for friday the 9th of november. they gave her a confirmation number for the check to be cashed on the 9th. well they ended up running the check anyway regardless of what they agreed upon causing her account to be negative 400 dollars. can they do that? if you and them make an agreement for a post dated check how can they cash the check anyway? thats the reason why they ask to post date a check-the money wasnt gonna be in there until the 8th at midnight? do they have to return her her money?

Answer 1

Very few merchants are reliable enough to accept post dated checks and not cash them before the date written on the check.

Any finance company that accepts post dated checks is an indication that the repo man will come after the car very soon. In fact, most legit finance companies do not accept post dated checks for payment.

Now, if your sister had wrote 11/8 on the check and mailed it on 11/7, the check would arrive at the payment center by the time the funds were deposited to the account, making the check good.

Answer 2

No, they don't. They may have had an agreement, but it was probably over the phone and nothing was written down. If she has a receipt or confirmation number which confirms the check wouldn't be cashed until a certain date, then she might have a lawsuit on her hands.

However, normally the bank is the one you want to consult for post-dating checks. Most have a service where you can, for a fee, have a checked stopped should it be cashed. It has to be in writing so she'd need to actually go into the bank.

Otherwise, I'd say she got a raw deal from a bad company. And there's nothing she can do about it

Answer 3

She needs to talk to the bank. By all that I know they should have caught that date being off. They are not supposed to cash a check until the date that is written. I got a paycheck once around a holiday weekend and it was dated for a Friday(the holiday) and my bank would not do anything with it on the Wednesday I got it. I had to wait until Saturday. The bank will probably reverse the overdraft fee and the check will clear the second time thru. However if she does not get this straight with the bank she risks the possibility of it bouncing again.

Answer 4

If you write a post dated check and know you don't have the funds in the bank to cover the check, you have just written a bad check and could be charged with that, or some other sort of fraud.

Answer 5

Post-dating a check does not obligate the recipient to hold the check. Post-dating checks is a VERY bad idea.

Answer 6

the date on the check hasn't mattered for decades. you hand someone a check they can go cash it. then again if your daughter had a written agreement that payment would be on such and such a date and by this specific check, signed by both parties and witnessed, you might have a case.

Answer 7

car companies are very good at doing that!! theyre all bullshitters!!!
i say she call them, speak to the supervisor, and rip them a new asshole and make them pay for the overdraft fees.
thats what i did.
even better, if she can go down to the company and speak to the supervisor, thats even better... and if that doesnt work , call the coorperate office.
and tell her to never give them a post dated check, not even a payment with a check. do it all in money order form. and if shes late, too fkn bad for them!!!