Post dating checks illegal


28-Nov-2018 04:00

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This means you likely cannot take advantage of the protections afforded by Section 4-401.However, the bank did not honor the check, so at least you are spared overdrafts resulting from the check being cashed.A PD check is a check written on a certain day but dated for a later date.The reason for writing a PD check is to provide payment to the recipient immediately, but the payee may only collect the money on the later date written on the check.You did not misrepresent anything, because you truthfully told the tech support contractor that funds were not immediately available but would be on the date that you post-dated the check.

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Recently, at the request of my tech support contractor, I renewed my service contract with him. You did not commit a crime and you probably did not violate the law.

But, there is an exception to this rule: The bank must not charge the person’s account if: (UCC 4-401 (c).) Should the bank nevertheless charge the payor’s account even after receiving proper notice of post-dating as described above, the bank may be liable for damages to the payor that result, including damages from dishonor of later checks drawn on the account.

It was not clear from your question whether you promptly notified your bank of the post-dated check, but it seems that you did not because you do not mention it.

This goal addressed the concern that having 50 different sets of state laws governing such transactions would cause confusion, conflict, and delay in interstate commerce.

Although the UCC is not itself a law, it has been enacted in all 50 states (with limited modifications in certain states).

Under the UCC, a check is an order by the “payor” (you, the small business owner) to pay a fixed amount of money to the bearer (or payee -- the tech support contractor).