In notice about a postdated check before the check is received, then the notice is valid for up to six months.
Postdating a check refers to writing a check but putting a future date on the check instead of the date that the person writes the check.
christianboundaries for dating - What is postdating check
Because they might not always have enough money in their accounts on the day they write those checks, some folks will postdate their checks so that they aren’t deposited or cashed until after that date.
Unfortunately, the fact is that there’s generally no actual obligation to honor the date on a check.
» MORE: How to write a check “It’s kind of a tricky scenario,” says Matt Foster, founder of the rental property search site i Rent and a landlord in Ventura, California.
He receives checks from some renters on the 28th or 29th of the month that are dated for the first of the next month.
“[The dealer] would deposit the postdated check as stated, right? And because the bank processed the check before the date she’d written, M.’s account was overdrawn and she was hit with fees by her bank. to provide a postdated check, it also wasn’t illegal for the dealership to deposit the check or for the bank to take out the funds needed to cover that check, regardless of the date.
That’s because once a check is signed it becomes legal tender, and, according to the Consumer Financial Protection Bureau, banks and credit unions can generally use their own discretion when deciding when to process a check – all without regard to the check’s printed date.
For a list of all of our advertising partners, click here'You can trust that we maintain strict editorial integrity in our writing and assessments; however, we receive compensation when you click on links to products from our partners and get approved. You’re writing a check to your landlord, but you don’t have enough money in your account.
So you date the check a few days in advance — also called postdating it — hoping your paycheck will clear by then. Here’s what you need to know about postdating and what you can do instead.
The maker of the postdated check must have the intent to defraud at the time of writing the postdated check. For example, under Georgia’s deposit account fraud statute, the defendant is presumed to have written the check with the knowledge it would bounce if: The fact that a postdated check is not honored because of insufficient funds does not, by itself, establish that the maker of the check committed a crime; the prosecutor must prove that the defendant had the intent to defraud at the time of writing the worthless check. A defendant also will have to make restitution to the victim for goods or services received with the bad check.
Therefore, a defendant who writes a postdated check that is returned because of insufficient funds will not be convicted of writing a worthless check unless the prosecutor is able to prove that the defendant wrote the postdated check with the purpose of defrauding the recipient or with the knowledge that the check would not be honored at the later date used on the check. Under Georgia law, proof of any of the above-listed conditions will satisfy the intent element of the crime that is necessary for a conviction. In many states, the severity of the crime is determined by the dollar amount of the worthless check or checks.
People typically postdate checks intending that the recipient not deposit or cash the check until a later date, because payment is not due until that later date. How can a prosecutor win a guilty verdict if the prosecutor must prove that the defendant had the intent to defraud the recipient of the postdated check?