Is it Legal to Post Date Checks?

A postdated check is a check that is dated for cashing later. Postdated checks are most commonly found in debt repayment, when a creditor accepts a postdated check from a debtor.

  1. Legality

    • Section 3-113 of Article 3 of the Uniform Commercial Code explicitly allows the used of postdated checks.

    Uses

    • A payer can use a postdated check whenever a payee will allow it. Postdated checks are commonly accepted for repayment of debt, past-due bills for service, and even to pay back loans between friends or relatives.

    Cashing the Check

    • A postdated check can be cashed on or after the date on the check. If the check is not dated, the check can be cashed immediately after the payee receives it, regardless of any prior agreement.

    Restrictions

    • Postdated checks may not be cashed before the date on the check. If a payee attempts to cash the check earlier, the bank will decline the transaction.

    Electronic Checks

    • You can issue postdated checks electronically; however, a creditor could put the check through immediately. This leaves you little recourse, as there is no physical check to review.

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