Is post dating a check legal
The UCC (Uniform Commercial Code) states that an instrument payable on demand is not payable before its date.Therefore, a post-dated check remains payable on demand, but not before the date noted on the check.If there is no understanding about holding the check till the date on it, then the date apparently has no effect. What people are calling "pre-dated" checks should be called "stale-dated".If I give you a check today that's dated June 24th, it's stale.I've heard and read the term "post-dating" for many years and it's always been clear that it refers to, for example, dating it the 15th when today's actually the 10th.Originally posted by High Soci Doesn't pre- mean before and post- mean after?15 instead, the check is still valid, having "become" valid two days before you wrote it. So technically you could "pre-date" a check if you really want to, but it doesn't create any kind of advantage for you that I can see. In other words, there was no law against writing post-dated checks, but accepting them could cause major headaches later, and so it was bank policy not to accept them. Made me realize post-dating checks is not a good idea. We had the excat same question just some months ago and the answer was that the date makes no difference.
So while I don't believe it's illegal to write one, the check itself is "not legal" in terms of being something you can successfully sue for.
High Soci, I've never heard of "pre-dating" a check either.
Yes, "post" means after, the sense being you're writing down a date that comes after the day on which you write the check.
If the bank honors this and cashes out the check before the written date, they are in effect giving free money to the bearer of the check, since there is no money in the account (yet) to back up the transaction. 17, the person you give it to may wait to deposit it. It's like a voucher, or a poker chip..be exchanged for cash the moment it's presented.
I'd like to add, if your bank is automated, the computer system ignores the date. Which isn't to say that writing a check on Friday, knowing that it won't hit the bank til Monday, which is payday, isn't convenient and really handy.