Flirt free chating - Is post dating checks illegal

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.He did not rely on any misrepresentation, but rather disregarded a truthful representation. Incidentally, the tech support contractor’s conduct may be edging into extortion.This is supposed to indicate that it should not be presented for payment until the date written on…

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Is post dating checks illegal

Although it is legal to post-date a check, the bank to which the check is presented for payment may charge the payor’s account even before the date of the check and even if doing so creates an overdraft.

(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.

We believe everyone should be able to make financial decisions with confidence. This may influence which products we review and write about (and where those products appear on the site), but it in no way affects our recommendations or advice, which are grounded in thousands of hours of research.

To do this, many or all of the products featured here are from our partners. So you date the check a few days in advance — also called postdating it — hoping your paycheck will clear by then. Here’s what you need to know about postdating and what you can do instead.

Under the UCC, a check is an order by the “payor” (you, the small business owner) to pay a fixed amount of money to the bearer (or payee -- the tech support contractor).

A negotiable instrument can be made payable “on demand” or “at a definite time.” (UCC § 3-104.) A post-dated check is an order to pay the bearer at a definite time in the future.

This article discusses general laws about checks, post-dating, and the parties’ rights.

Personal checks (and other “negotiable instruments”) are covered by provisions of the Uniform Commercial Code (“UCC”), a set of model laws first developed in 1952 by some of the top legal scholars in the U. The drafters of the UCC intended to create a single body of regulation to uniformly cover commercial transactions, particularly interstate transactions.

However, legally, some jurisdictions have laws that allow the negotiation of post-dated checks under the premise that the…

Section 4-401 of the Uniform Commercial Code provides that it is perfectly legal to write a post dated check, though many banks tend to lie and say that it is illegal so they can get out of admitting they made…

And, seeing an attorney early may aid you in clearing up this matter before it blows up into something more complicated and expensive.

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