With everything being so automated these days, I'd be amazed if anyone looked at the date field of the check. Not only that, but accepting a post-dated check is a bad practice. But, he's tragically killed in a car crash on the way home. The one time I didn't actually have the money in the account when I sent the check is the one time that they decide to hop to it. Now you may have some legal recourse, if you can demonstrate that you and your landlord had what amounted to a contractual agreement to hold checks until the postdate.But, is that really worth the relatively small amount of money it cost you in OD fees?
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. The check goes through some intermediary clearing houses before it gets to the bank. If the check is cleared through intermediaries and then payment is refused by the bank because of a post-date wouldn't that jam up the system? The check goes through some intermediary clearing houses before it gets to the bank. If the check is cleared through intermediaries and then payment is refused by the bank because of a post-date wouldn't that jam up the system?
If you write a check and pass it, you are responsible for there being sufficient funds in the account to cover it at the time it is issued regardless of when the check is dated for.
The bank is under no obligation to hold a post-dated check. He writes me a post-dated check, saying he'll put the money in his account when he gets home in two days. I guess all the other times, they weren't holding the check until the fifth as much as they were just waiting to deposit all of the checks at once.
Regardless of what others said, you had an agreement with your landlord, if he is going to carry on like that then you would be wise to change your method of payment.
Did you actually specify to the landlord that you were post-dating the check, and ask him to hold it?
If this is the first time this has happened and you aren't in the habit of bouncing checks, your best bet is to contact your bank's customer service department and explain the situation and ask them if they will reverse the fees this time. Based purely on anecdotal evidence, many times if it's your first OD offense, if you ask the bank, o'pretty pretty please they will reverse the charges.
Most banks are willing to give you a courtesy refund if your banking record is otherwise clean (and sometimes, even if it's not entirely pristine). You should politely ask that he make you whole, unless you can get the bank to waive the fees. This pre-opposea your record with the bank is super clean and this is the very first time you've done this.
Or were you depending on the fact that he would notice the date was in the future and not cash it until then?
This piece of information will make a big difference in whether or not you can approach the landlord about it.
We do this because of where our paydays fall, which are generally after the first of the month but before the fifth due to employer weirdness.