Banking laws post dating checks

The suit may also seek the imposition of a civil penalty against the check recipient in an amount not less than 0 but not greater than

The suit may also seek the imposition of a civil penalty against the check recipient in an amount not less than $100 but not greater than $1,000. The federal code broadly prohibits debt collectors from using “unfair or unconscionable means” in collection efforts.

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The suit may also seek the imposition of a civil penalty against the check recipient in an amount not less than $100 but not greater than $1,000. The federal code broadly prohibits debt collectors from using “unfair or unconscionable means” in collection efforts.

,000. The federal code broadly prohibits debt collectors from using “unfair or unconscionable means” in collection efforts.

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Debt collectors are prohibited from depositing or threatening to deposit a postdated check prior to the date on the check.

A debt collector may not accept a check postdated by more than five days unless the debt collector notifies in writing the check’s maker of the collector’s intent to deposit the check.

Post date a check means that you write a check on a day and mention the date of a future day in the check.

i.e., let's say I give you a check today 22 January 2011 and write the check date as 15 February 2011. This means that you cannot cash the check until 15th February 2011 and until then the check is of no value.

Other states, such as West Virginia, place the responsibility of avoiding the premature deposit or cashing of a postdated check on the recipient of the check.

In Georgia, a bank may pay a postdated check before the date on the check unless the customer who writes the check notifies the bank of the postdating and sufficiently describes the check.

The law also prohibits the recipient of a postdated check from intentionally cashing or depositing the check prior to the check’s date if the recipient represented that postdating the check would prevent the check from being deposited or cashed prior to the check’s date.

The same law disallows an organization from making the same representation but then cashing or depositing the check without reasonable procedures in place to prevent the premature cashing of the postdated check.

Such means include depositing or threatening to deposit a postdated check before the date on the check. You may have grounds to file a legal action to recover any harm you suffer as the result of the premature cashing or depositing of the check.

Idaho’s unfair collection practices statute contains a provision identical to the federal notification provision pertaining to checks postdated by more than five days.

It is technically illegal to write a post dated check.

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