For example, a check written on the 14th of the month but dated for the 28th will not be cashed for another two weeks.
The rules for postdated checks are outlined in Article 3, Section 113 of the Uniform Commercial Code.
Unfortunately, you may have a difficult time demanding payment by the bank, or claiming that the writing of the bad check was done with the intent of committing fraud, since most states refuse to recognize postdated checks as check fraud.
If you wrote a postdated check and your bank cashed it after you gave reasonable notice of the postdating, a skilled attorney experienced in banking laws and regulations can advise you of your rights and remedies.
One of the myths that somehow refuses to go away is the myth that post-dated checks are "illegal." They are not.
There is nothing illegal, inappropriate, unlawful, unethical, unprofessional, or unconscionable about a creditor asking a customer to issue a post dated check, nor is there any reason a customer cannot issue one or a series of post dated checks to clear a past due balance.
"If the bank doesn't pay attention to the date on the check, then why put a date on the check at all? In theory, when you postdate a check - that is, write a future date on it - the check becomes negotiable only on the date on the check.
Even worse, the check writer usually has little recourse.
So, if you've postdated a check, and the payee cashes the check, that's the date the funds will be taken from your account - - or if there are insufficient funds, then you'll be in hot soup.
Any check or draft that has a future date written upon it by the user.
The amount of the check will not be drawn from the account until the date written on the check.
State: Georgia I got a call from my landlord today complaining that my rent check was post dated, and that I needed to send a new one ASAP.
I have done so, but my confusion is that she said that post dating a check is illegal.