Post dating a check

Whether a post-dated cheque may be cashed or deposited before the date written on it depends on the country.

Read on to learn about the law, and what steps to take so this doesn’t happen to you.

(To learn more about laws that apply to debt collectors, see our Debt Collection Agencies area.) The bank can cash your postdated check at any time, even before its authorized date, unless you specifically instruct it otherwise.

If the bank releases the funds even after you’ve instructed it not to, the bank may then be liable to you for damages that are caused by honoring the post-dated check.

That may include reimbursing you for not-sufficient funds fees and penalties you incurred for subsequent checks that bounced as a result of the premature deposit.

I post dated them because I was'nt going to be paid until Jan. The bank told me that it was illeagal to post date a check.

1, 2008, so it gave me enough time to get to the bank on Jan.

You should do it as soon as possible to allow the bank time to process the instructions.

You should also describe the check to the bank with “reasonable certainty.” In other words, provide the check number, date, amount, and name of payee.

Specifically, under the Fair Debt Collection Practices Act (FDCPA), a debt collector cannot: You can sue the debt collector in state or federal court for violating the FDCPA. In addition, you may be able to get actual damages (these are damages based on actual harm you suffered, such as not-sufficient fund charges from other transactions caused by the premature deposit), attorney’s fees, and court costs.

The FDCPA does not cover creditors because they are not usually considered to be debt collectors.

If the bank failed to do so, the bank would be liable to reimburse you for any bank fees which may have been charged against your account for a "bounced" post dated check.

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