If a bank does pay a postdated check before the check’s date even though it has received proper notice from the customer, the bank is liable to the customer for any loss resulting from the bank prematurely paying the check. § § 11-4-401, 11-4-403) West Virginia law contains several prohibitions addressing early payment of postdated checks.In other words, a customer who has properly notified the bank of the postdated check can sue the bank for cashing the customer’s postdated check before the postdate if the bank’s action causes the customer loss, such as causing other checks to bounce. The West Virginia Code prohibits a person from requesting or accepting a postdated check while intending to deposit or cash it before the date written on the check.
(15 USC § § 1692f, 1692k) Some states have laws that mirror the federal law’s prohibited debt collection practices. § 63-4006) Laws governing the early cashing and depositing of postdated checks can vary among states, although many jurisdictions have similar provisions.
For example, Rhode Island law also forbids a debt collector’s use of unfair or unconscionable means to collect a debt. If you provided an individual or business with a postdated check that was cashed or deposited before the date on the check, you should speak with an attorney.
However, keep in mind that it is illegal to intentionally write a bad check; if you’re postdating it with the intention of canceling it before the date, or if you know for certain that you won’t have the funds, you could run into legal trouble.
The laws differ from state to state, but the short answer is yes.
The notification not to pay the postdated check until the check’s date is valid for six months; however, if the customer’s notification was made verbally without also putting it in writing, the customer’s notification remains valid for only 14 days.
For example, if the customer verbally informs the bank on May 1 that the customer has written a check with the date June 1, the bank will not be liable if it pays the check on May 15.
Many states have laws addressing postdated checks and consequences for cashing a postdated check before the check’s date.
Some states, such as Georgia, put the onus on the maker of the postdated check to ensure that the check is not cashed or deposited prematurely.
Once you sign the check, it becomes legal tender, so it’s 100% legal for a bank to cash a postdated check before the date on it.
I postdated my check because I didn’t want to miss the due date, and I intended to transfer the funds closer to the date I wrote on the check.
The law also prohibits the recipient of a postdated check from intentionally cashing or depositing the check prior to the check’s date if the recipient represented that postdating the check would prevent the check from being deposited or cashed prior to the check’s date.