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In most instances this would mean you would have to: If you suffered losses because your bank cashed the check, despite you giving reasonable notice, then you should speak with an attorney to discuss your rights and remedies.If you choose to accept a postdated check, you run the risk that the person who wrote the check could close their account before you deposit the check, or that their account will not have sufficient funds when you deposit the check.(b) Same - Issuing check with intent to stop payment.- A person may not obtain property or services by issuing a check if: (1) when issuing the check, the person knows that the person or, in the case of a representative drawer, the person's principal intends, without the consent of the payee, to stop or countermand the payment of the check, or otherwise to cause the drawee to disregard, dishonor, or refuse to recognize the check; and (2) payment is refused by the drawee on presentment.(c) Same - Issuing check with intent that payment be refused - Check passed to third party.- A person may not issue a check if: (1) the check is in payment for services provided or to be provided by: (i) an employee of the drawer or representative drawer; or (ii) an independent contractor hired by the drawer or representative drawer; (2) the drawer or representative drawer: (i) intends or believes when issuing the check that payment will be refused by the drawee on presentment; or (ii) knows that the drawer or, in the case of a representative drawer, the principal of the representative drawer has insufficient funds with the drawee to cover the check and other outstanding checks; (3) the employee of the drawer or representative drawer or an independent contractor hired by the drawer or representative drawer passes the check to a third person; and (4) payment is refused by the drawee on presentment.I was at the bank and the rep told me that post dated checks were illegal and I could go to jail for that. I thought a check was a contract between me and the person I wrote it to.And if that person agreed to accept the check as post dated then there is not illegal about it as long as the funds were there to cover it. Hi, My name is XXXXX XXXXX I'd be happy to answer your questions today. It is illegal to write a check knowing that you do not have funds available in the account to cover it - that's considered check fraud.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.Keep in mind that this may change from place to place, since not every country has the same rules.

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That mans that it would only be illegal to write a post-dated check if, at the time you wrote it, you had the intent not to put money in the account to cover the item.But it was suggested that, perhaps, having such a check would make it illegal for the business to In the United States, post-dating a check, on its own, has no valid use.It can be cashed at any time at the discretion of the bank.The main reason the law lets banks cash post-dated checks is that it’s too hard to look at checks for their date.Processing 45,000,000 checks a day is tough enough, without looking at dates.




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