Is postdating

Some states, including California and Georgia, place responsibility on check writers to ensure their checks are not cashed or deposited too quickly.Other states, like West Virginia, place responsibility on the person the check is written to.State and federal laws cover the cashing and depositing of postdated checks, and laws vary from state to state.

If a Canadian financial institution inadvertently accepts and processes a cheque before the due date, the cheque writer may ask his or her financial institution to return the amount until the day before the cheque should have been cashed.

A "post- dated cheque" is only a bill of exchange when it is written or drawn, it becomes a "cheque" when it is payable on demand.

The Commonwealth Bank of Australia's rules and conditions for cheques (2014: Section 1.7.6 'Dishonour of cheques') clearly state that a cheque will be dishonoured if it is presented before the post-date as written on the cheque for the reason that, '..cheque bears a date that is in the future.

This is known as a post-dated cheque and it cannot be paid until that date arrives.' While this is a sound interpretation of Australian Commonwealth law, for insurance reasons the bank protects itself from possible attack with the condition (2014: Section 1.7.1 'Using your cheques '): 'You authorise us to pay a post-dated cheque (one which is dated with a date in the future) drawn on your account and presented for payment at any time before the date of the cheque arrives.' In Brazil, the drawer may seek damages in Justice if their cheque is cashed in before its due date, according to the jurisprudential orientation of the Superior Court of Justice, as per Summary No. Under the clearing rules of the Canadian Payments Association, a post-dated cheque cannot be cashed prior to the date written on it.

The two major issues before the courts are: 1) Post-dated cheques that are stopped by the bank or issuer, causing problems for whoever is to be paid by the cheque for goods or services provided and; 2) the reverse, in which a person is promised goods or services but does not receive them and has to stop the cheque.

In the UK the legislation is clear; 'A cheque is a bill of exchange drawn on a banker payable on demand'.The post-dated cheque is not payable till the date which is shown on the face of the said document.It will only become cheque on the date shown on it and prior to that it remains a bill of exchange under Section 5 of the Act.Check recipients can either decide to accept or not accept a post-dated check.A recipient can also check with her bank to see if it will cash it before the check's date, which the bank should not do if the writer has requested it doesn't. In West Virginia, for example, the law prohibits someone from requesting or accepting a postdated check if he intends to deposit or cash it before the check's date.If he does cash it early, he can be made to pay fees and costs as well as potential civil penalties.

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