post-dated checks

Hi there. I don't know if it is illegal for them to have you write postdated checks, but I think it is illegal for them to cash them prior to the date they are written for. Someone will be along to clarify this a little more for you, I'm sure. Did you write them postdated checks in an attempt to work out payment arrangements with them? I've heard of checkngo doing that for someone wishing to make arrangements, but I haven't heard of any other pdl company doing it. It wouldn't surprise me, though. I don't put anything past them.

Most store fronts that I have used in other states have you write a postdated check when you get the money. Then when you come back and pay they write void on the check and return it to you. They have you write a postdated check so if you do not come back and pay they can then cash it to get their money. The one I have used in Florida does write the current date on the check. As to legalities, that is kind of a gray area. You can find places in the law that support both sides.

One member was told to write 10 post dated checks as a repayment plan. I find that to be questionable, personally.

Me too Cannr. The ones I dealt with in SC had me write the current date on them, but I can see how the area would be gray. I think as long as they do not cash it before the date then they are not breaking the law. But 10 postdated checks??? I think that's ridiculous.

10 checks does seem a little excessive.

Speaking from the banking side, if they turn in all 10 post dated checks to the bank, the bank will honor them. The only time the bank may not honor is if it is a stale dated check (too old).

At that time, the only recourse one could have is if there is a forbearance agreement between you and the party that you wrote the post dated checks to indicating that they will not be remitted for payment until the specified dates.

Unfortunately the laws are "gray" for post dated checks....

My understanding is that a post-dated check isn't illegal unless its attempted to be cashed prior to its date...you technically aren't responsible for the funds being withdrawn if they deposit the check before the date on the check. But every storefront PDL I have ever used has required me to postdate my check and they have held it until the date on said check. It protects both parties...if I were to date the current date on it, what would prevent them from cashing it (either on purpose or accident?) And you would be held accountable by your bank because the date on the check would be current.

Post dated checks are legal except in MA. If one is issued, the fdcpa states you must give a notice of intent to deposit 3 to 10 days prior to the deposit date. However, this really only pertains to collection agencies. But most will honor the same conditions as a C/A. They can cash them if they wish early - but in most cases there is no reason to do that as it cost them money if things are returned. Just be careful - have them put it in writing that they will not cash them before the due dates.

This would still make me very nervous to have all those checks pre written out there...I hate it when they insist we do this stuff...

I'd also like to point out that post-dated checks can be cashed before the date.

I experienced first hand from this when my dog was ill, and didn't have the money to perform his needed surgery. The vet allowed me write a post-dated check, but cashed it the next day (on accident he says). This caused a great deal of frustration, and my financial institution informed me that checks are tender, regardless of the date.

As far as writing x amount of checks for store front lenders, it's not unheard of. It's actually seems to be more convenient repayment plan when you have more time to pay.

Just make sure the check clears. If a check bounces, and ends up with the state, it can cause a great deal of frustration for you (bounced check laws).

That's what I would be most worried about...

Hello. I work for a bank and post dating a check is not binding with most banks. Post dating a check is a verbal agreement between you and whoever the check was written to. I most cases the bank will not return the check based on the date. Most banks are processing with the information across the bottom of the check only.

I would like to thank everyone for posting this information regarding post-dated checks. This is all news to me! I always thought you couldn't cash the check if it was post-dated. Apparently, I was wrong. Good to know & for others to know. Thanks! :D

what are the bounced check laws for IL.?

Geesh, luke. I'm sitting here searching all over for what the "punishment" would be for NSF checks in Illinois. Can't find a thing, but that doesn't mean anything! LOL! I just know in my state, that if you have a NSF check, you're supposed to be contacted regarding it by the person/company/store. If you don't respond to it & go pay for it & pick it up, they can press criminal charges against you for "theft by deception". You will then have a warrent out for your arrest, a court date, pay for the check(s) and pay extra charges. Now, that's for NSF checks for "regular" stuff. Not pdl's. Pdl NSF checks - they can not take criminal action against you. It's prohibited. In your state and in my state. So, they won't haul you off to jail for "theft by deception" on a pdl check that was NSF. Other than that, I don't know much more!

Some one correct me if i am wrong, but in NY you can not cash a oost dated check.

The only time you can't cash a post dated check prior to the date is a payroll check. The laws are different with payroll accts. Hope this helps. I get this question a lot from customers at work calling in about this very same topic.

its not like I went into a grocery store and bought food with a post dated check.. this was a check n go store front in IL. their repayment plan was to write 10 post dated checks that 4 of them I stopped payment on and the other 6 they still have since April. Not a word from them. I sent all of this info to my states AG office and they said that they will contact check n go. I have not heard a thing from anyone in over a month. thats my story on these post dated checks.

Payroll checks CANNOT be cashed before their issue date...of course, banks will protect large financial institutions. They could give a crap about you, the lonely ONE person struggling to make ends meet etc. However, if a bank is doing their job when processing a check, they SHOULD be checking the date...on EVERY check...

Gonna add my '2 cents'..LOL A few years ago, I wrote a postdated check, to a gas station. They said they would hold it until I got paid, (4 days later). Well..they din't hold it and this REALLY messed up my bank account. I explained to the bank what happened. They said they couldn't do anything, until the ORIGINALLY check, came through their branch, so they could see the date witten on it. Well...to make a long story short, hey saw the date, credited my account, and the gas station basically 'shorted' themselves that amount of money. They never asked me for the payment BACK to them.

mom, I'm going to ask you a question that you'll probably know the answer to. Regarding luke's post-dated checks to the store front pdl that he has never heard a word about..... What happens? Where are his checks? Can they NOT cash them after a certain time period? Or can they be cashed when they feel like it 2 months/2 years down the road? Can you help with this question? :roll:

Cannr, I know there is only a certain amount of time they can cash it. Payroll checks are usually 90 days after date of issue then they become an invalid check. Personal checks I think are 6 months. It might be a year but I think it is 6 months.
It does depend on the bank and the state you live in on whether they will honor the date on the postdated check.
In FLorida if you bounce a check If you don't pay it or at least make arrangements to pay it within 15 days of when they notify you that your check was returned it is handed over to the DA. The county I live in is very aggressive on prosecuting bad checks for "theft by deception".

The last post dated check was in 08/14/2007, guess Ill have to ride it out, or untill I hear from my states AG office.

thanks cannr and pybasi

luke, if they haven't cash any of the others (which I think is odd) then I'm guessing they're just not cashing them. However, since you've filed with your AG and have all your documentation (as I'm sure you do!), if they want to do something "stupid", you've got proof and documentation and complaints filed. So, you've got your backup. Although, it would make me a nervous wreck knowing there were checks out there for that long & they've "disappeared"! Good Lord! Is that bank account closed? (I'm assuming yes.)

Would it not be different if Luke just put a stop pay on each of the floating checks?? Then it couldn't be considered fraud?? If he stopped the payment like because something was wrong with the account, etc?? Wouldn't that be different than if the check was submitted and just bounced?? I am just guesing here...

My bank closed this account a few months ago for a mistake on their part and my part, it had nothing to do with check n go checks. Weither check no go knows this or not, I donkt know, so even if they tried to cash the checks, they could not, it was closed not by me but by the bank.

Sorry about your luck, Check N Go! :lol:

No its ok, so far its going good, not sure whats really going on, but at least I know the AG knows about it.

Glad to help. With Wachovia which is where I work the stale date on most checks is six months. If a customer goes into a branch to cash/deposit a check that is dated older than the six months they generally won't cash the check. Where these post dated checks in sequence becuase if they were what you can do is stop payment on a sequence of checks. I know we don't charge for the stop payment when it several checks like that.

Thank you! At least we know it's around a 6 month time period! Another forum mystery solved! Thank you! :wink:

hey there i want to know if how will i know if a check is post-dated??.... :roll:

What do you mean you want to know if a check is post-dated? A post-dated check is one that is dated for a date AFTER the actual date you write the check. You write a check on 09/10/2007, but you post-date it for 09/21/2007. That means it's post-dated. Is that what you mean?

I dont get confused easily...but that Guest comment had me scratching my head!

You and me both.

Never pay anybody with a post dated check. As accounts have shown in this thread it can and will get you into a mess eventually. If you work out a payment plan with a CA then there is no reason why you can not send them a monthly payment as opposed to a bunch of post dated checks. Eventually they will ???????make a mistake??????? and cash one they are not suppose to cash yet just to mess with you. I guess PDL????????s are a different story since their entire business is based on a post dated payment so in that case it really doesn????????t matter what date you put on a single check but in my opinion I would stay away from those places anyway.

To address the issue of how long a check is good for I think it is either 1 year in my state. I have a personal experience with this where I unwillingly was turned into a collector. My roommate sold a set of speakers to some kid on ebay for $600 and said papal or certified check only. Well the guy sent him a personal check and my roommate did not have a checking account yet. Against my better judgment I agreed to cash the check and hold the items until the check cleared. I waited 1 week and then I asked 3 different employees of 3 different branches of my bank if the check was clear and all 3 responded yes so I told my roommate to send the items. Well 2 days later the dang thing bounced and my bank blew me off. I ran that check through the system every month for about 8 months. Basically if a check bounces it gets returned to the person that it was paid to. It took me a while to track his current phone number based on the check but I eventually got it. I guarantee I broke all kinds of fdcpa laws but I doubt any of them would apply or the kid would sue me anyway. He was in CA which is 3 hours earlier than my time zone so I called him every morning when I got up at 7 AM which would be 4 AM his time. His family asked me a number of times to quit calling and I said send me the money or speakers every time. Finally he spoke to me and after 8 months he returned the speakers in good condition.

Oh, dollars! Good Lord! See what happens when you try to be a good guy? :wink: However, once again, great information from you. Apparently it is a year then (at least in our state) since you ran it through for 8 months! Man........ that's a long time.

There is a difference between a check clearing, and a check being paid...this is how the Nigerian scam works.

As for post dated/stale dated checks...you can still try to write or cash one (I think the only exception is in MA...but it might only apply to the solicitation of a post date, though), but can usually be guaranteed that the check will bounce. This is why retail cashiers are trained to not accept them...they use various services to approve or deny checks that use the MICR and typically need a DL...if the check bounces and the standards required by the processing service are not met, the store will not be paid for the check (by the check processor). That is, at least, how I understand checks and retail...

I know that if you use a PD check as a down payment on a car, they can use it as leverage against you for the sale...

I had a similar situation. We were paying off a debt. And sent two more checks into them, then we were done. Well the company did this two weeks before it was supposed to be there. Like most Amerians these days we are living check to check, and that really screwed up our account. Anyone know what league action we an take? Id appreciate the feedback!!!