Postdating a check illegal

Keep in mind that this may change from place to place, since not every country has the same rules.

Occasionally, I like to skim through Reddit’s personal finance section for any interesting money topics.

When you post-date a check, you put a future date on the check with the idea that the recipient does not deposit it until that written date. So, I post-date the check so that the check recipient knows not to deposit that check until that date.

But, what if the check recipient doesn’t listen to my instruction and deposits the check before the written date?

If your bank or credit union cashed a check before the date you put on it while your notice was still valid, then it may be liable to you for any damages. This information may include links or references to third-party resources or content.

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Essentially, I don’t see any point in post-dating a check — it is valid from the moment that I sign it.

Then, I spoke with a friend who happens to be a Chase banker, who generalized what a teller would do if a customer came in to deposit or cash a post-dated check before the date shown.

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You would need to send a notice of postdating to your bank describing the check.

[...] If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act.

The loss may include damages for dishonor of subsequent items under Section 4-402. You're writing a future date on the check, not past, to ensure that the check will not be deposited before that day.

This doesn't prevent the recipient of cashing the check, but it does prevent your bank from charging your account until the date you specify NOTE: This may be considered a form of stop payment, and you may be subject to the fees noted by your institution.

Source: [Uniform Commercial Code - Article 4A § 4-401] (c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty.

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