Now, I learn that he immediately tried to cash the check and it was refused by the bank! But, in general, it is not a crime to post-date a check.This article discusses general laws about checks, post-dating, and the parties’ rights. The rent check of 5 cleared, but wiped out my balance, which was supposed to cover other checks and ATM withdrawals. The Answer: This is an important lesson for people, and a potentially expensive one for you: It doesn't matter what date is on a check -- it can still be cashed. She noted that such matters are governed by the Uniform Commercial Code, which concerns general business practices.
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Fraud of any type requires a misrepresentation that the victim relied upon.
You did not misrepresent anything, because you truthfully told the tech support contractor that funds were not immediately available but would be on the date that you post-dated the check.
The Question: We've had a GM Master Card for 14 years and have purchased two cars with our "earnings," most recently in February. What can you tell us about the wisdom in closing this account?
Are we in jeopardy of a change in our credit score, which is in the 800 range?
A post-dated check is one which has a date after today's, so as not to be able to be cashed immediately.
A bank may in some cases pay a post-dated check before the date on the check unless the customer notifies the bank not to pay it.
leginfo.gov' A bank is not obligated to pay a check that is presented more than six months after its date of issue, but may do so if it wishes.
(Commercial Code § 4404) There is no law that prohibits a check writer from postdating a check (giving it a date in the future).
However, a bank has no duty to respect that limit, and may pay the check in advance of its stated date, unless the customer gives notice to the bank of the postdating, describing the check with reasonable certainty.
(Commercial Code § 4401) It is a violation of the Fair Debt Collection Practices Law for a debt collection agency or a creditor who regularly collects its debts to deposit a postdated check before its due date.
(UCC § 4-401.) So, a bank can charge a person’s account for a check the person post-dated when the payee tries to cash it before the date on the check.