Is post dating a check legal

If you wanted to avoid it, you should stress it to the person that receives the check, or just give the check to them when you actually have the money in your account.” Upon further investigation, I found a clause in the Wells Fargo consumer account agreement (page 23) that states: So, Wells Fargo may actually try to process the check, regardless of the date that is written on the check.

Essentially, I don’t see any point in post-dating a check — it is valid from the moment that I sign it.

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A Canadian bank, for example, is not supposed to process a post-dated cheque and if it does so by mistake, the cheque writer may ask their bank to correct the error.

In the United States and the UK, post-dated cheques are negotiable instruments and can be drawn upon at any time, while in India and Australia post-dated cheques are not payable until the date written on the cheque. (1) Where a cheque, or any indorsement of a cheque, is dated, the date shall, unless the contrary is proved, be presumed to be the day on which the cheque was drawn or the indorsement made, as the case may be.

Then, I spoke with a friend who happens to be a Chase banker, who generalized what a teller would do if a customer came in to deposit or cash a post-dated check before the date shown.

Additionally, at the bank’s discretion, there could be a hold on the funds until the check clears.

If there are multiple occasions of failed check deposits, the bank could even close your account and report you to Chex Systems, a consumer reporting bureau that tracks negative banking history.

Now, if you’re the one writing a post-dated check, just know that it means nothing to post-date a check.

The bank’s not responsible, since the law lets banks cash post-dated checks before the date on the check.

You could go after the person you wrote your check to, on the grounds that he broke an agreement to hold off on cashing the check.

There are no guarantees that the recipient will do the right thing by depositing the check on or after the date shown.

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