Is it illeagal to post dating a check?

mike m

It is definitely NOT illegal to use a post-dated check. A check which shows a date later than the actual date of execution and delivery, is a check which is not payable until the date arrives. A "post-date" in effect changes the check to a "time paper", which is a totally legal draft. It was the bank's responsibilty to have checked the date on the draft (check). If the bank failed to do so, the bank would be liable to reimburse you for any bank fees which may have been charged against your account for a "bounced" post dated check. Also, the payee of the check (the person who received it) cannot complain since they accepted the post-dated draft for a payment in the future (the date on which the check was dated for payment).

Teekno

If the Kwick Trip store didn't agree to hold the check for you, and you post-dated the check for the purposes of getting merchandise immediately without having to pay for it immediately, then that can be considered fraud.

In other words, the person you write the check to has to know it's postdated, and agree to not deposit it until that date.

Just because you put a different date on it doesn't mean they aren't entitled to the money right away.

Jay J

Technically it's true that it is illegal, but "illegal" isn't really the word I would use. Post dating a check simply isn't valid is more correct. It doesn't matter what date you write on the check, once the person has check in hand it is legal for them to cash it. If you don't have sufficient funds for them to cash the check at that time, then fault lays with you.

So the bank was perfectly within their rights to cash the check and charge you an overdraft if you didn't have sufficient funds when it was cashed.

life*in*the*fast* lane

I am from Green Bay. and yes it is illegal to post date a check. Unless you have some sort of agreement with the party on the recieving end of the check they will cash it regardless of the post date. when you write out a check to a business, they are going to cash it within a day or so. Its how they do there business.

Barbie doll lover

No, I don't think it's illegal to post date as long as you have an understanding with whomever your writing the check too not to cash before date you wrote. I bank with US Bank and have had a great deal of problems with them. I'm not sure if you asked Kwiick trip to hold it or you just assumed it would not go until after the holiday. For some strange reason it works sometimes and other times it doesn't Like I mention unless you have an understanding with the vendor or person your giving the check too not to cash until the date, I think they can put it through at any given time and US Bank or any bank will cash it.

Good luck and Happy New Year

charlie_the_carpenter

As soon as you sign the check it is legal tender. The date is meaningless

Marc

You should never post date a check. There is no guarantee that it will not be cashed prior to the date you put on it (as you found out). You need to budget better to avoid situations such as this. You now have NSF check charges to pay as well.

dixie58

no it is not illegal but when the checks are taken to a bank they are cashable.so the best thing to do if you shop at this store all the time and the owner knows you ,ask him to hold your check till you can deposit money in your account.he may he may not.but now you have to pay overdraft fees.that is the law.do not write a check that you cannot cover.why would you think this check would not clear before JAN 2nd if you wrote it December 23rd????? most checks clear your account within 2 or 3 days tops and many the same day they are written!!!! good luck.you only postdate a check if arrangements are made to not present the check to the bank for payment for that day,but to hold the check till the day your money will be there to cover this. but do not expect a store to hold a check for more than 3 days .it is cashable the minute you write it.be careful.

tnfarmgirl

It's legal to post date a check.
However, that does not prevent someone from cashing them.
Postdating a check is a non binding agreement between you and the merchant acepting the check.
I bet you didn't even tell the clerk you were post dating them did you?

The clerk at the store should not have even accepted them for payment.

Answer Master Dude

It's a state law; it is illegal in my state (I don't live in WI), but many people still do it. Even many businesses that should know better tell you that they'll take one.

Fred M

Yes you can post date a check but noone ever really pays attention to the date though!

Saved by graceâ„¢

um no i dont think so.... hey im from La Crosse wisconsin!!!

Ricky's Mommy

Yes, but... generally you really don't get into trouble over it, but the bank WILL cash it once it is deposited (from the party you wrote it out to). I have post dated two checks in my life and will never due it again. The rule of thumb (in everyone's eyes) is don't spend the money before you even have it, therefore, if the funds aren't in your account, you are going to incur an insufficient funds charge.

Schmoke and a pancake?

It is not illegal to post-date a check. It is also not illegal to cash a post-dated check. The check can be cashed as soon as you hand it over to someone for payment, regardless of what date you write on it. So no one did anything wrong here.

JUSTME

It is illegal to write a check knowing that you do not have enough money in your account at the time you write the check to cover it.

You can put whatever date you want on a check, but the bank doesn't even look at it, and will cash it on presentation of it.

You are in the wrong here.

ziggy_brat

It is illegal in Texas and probably all states. Also because the bank was closed on the first your money likely didn't go in till the 2nd, and some financial institutions subtract checks before they enter the deposit. Thus resulting in overdraft.

mystycal2u

I DONT think it is illegal to post date a check..What I think is illegal is trying to cash a post dated check..So the Kwick Trip store or even their bank should be held liable for that.

If writing a post dated check was illegal, the payday loan places wouldnt be in business.

â™¥L@dee Beeâ™¥

I didn't think it was illegal, I think the bank shouldn't let the store cash the check if it was post dated. I have had jobs that post date checks...such as give you your check on Thursday, but it is dated for Friday so you couldn't cash it until Friday. It also is the cashiers fault....if they didn't accept post dated checks they should of checked the date on it before accepting.

no1sangel79

It is illegal...I just found out not too long ago. Not a big deal though legally...but as you found out can be financially. In all honesty though the bank shouldn't have cashed them if they saw that the check was dated out. I would think that they are held just as accountable for cashing the check knowing it was illegal.

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