Postdating a check refers to writing a check but putting a future date on the check instead of the date that the person writes the check people typically postdate checks intending that the recipient not deposit or cash the check until a later date because payment is not due until that later date.
Post dated checks are not illegal they may not be accepted by some companies but it is well established law that a post dated check can be issued there are some consideration though if you write a check that you know has no funds.
Span classnews_dtjun 25 2008spannbsp018332generally speaking it is legal in ny to postdate a check it would be a crime if there were not sufficient funds in the account to cover the check prior to the payment date technically when you write a future date on a check it does not become a negotiable instrument until that date.
Span classnews_dtjun 03 2009spannbsp018332while not illegal postdating a check may be useless you may write june 10 on a check but if you present it today the person receiving it has no obligation to wait until june 10 to present it to the bank for payment.
Span classnews_dtfeb 09 2006spannbsp018332state georgia i got a call from my landlord today complaining that my rent check was post dated and that i needed to send a new one asap i have done so but my confusion is that she said that post dating a check is illegal.
post dating a check isnt in itself illegal if someone gives you a postdated check with the understanding to hold it till the date and it then bounces you must suit to collect under such a circumstance it is not a criminal matter the check becomes a.
However keep in mind that it is illegal to intentionally write a bad check if youre postdating it with the intention of canceling it before the date or if you know for certain that you wont have the funds you could run into legal trouble.
A postdated check is an order to pay the bearer at a definite time in the future obligation of the bank although it is legal to postdate a check the bank to which the check is presented for payment may charge the payors account even before the date of the check and even if doing so creates an overdraft.
There is nothing illegal inappropriate unlawful unethical unprofessional or unconscionable about a creditor asking a customer to issue a post dated check nor is there any reason a customer cannot issue one or a series of post dated checks to clear a past due balance.