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Is postdating a check illegal in michigan

While it may be a crime for a tenant to write a check when there are insufficient funds in his account to cover the check, California's worthless check laws may not cover a landlord if a postdated check was accepted.According to California's bad check law, writing a check with the intent to commit fraud or knowingly writing a check when there are insufficient funds to cover the full amount of the check are both illegal.Waiting to cash a check that has been postdated provides the tenant with time to make other living arrangements, move out or otherwise abort the lease agreement.In situations in which the tenant can be trusted, the landlord has known the tenant to be an honest, on-time payer or the landlord otherwise believes that the money will be in the tenant's account on the date the check posts, accepting a postdated check can be beneficial.However, if the tenant writes the check with the intent to have funds in the account on the date that the check is postdated for, there is no intent to commit fraud or pass a worthless check and therefore no illegal activity has technically taken place.Accepting a check that is postdated may provide the tenant with a legal defense that negates criminal intent even if the check doesn't clear.

Her work has been featured by a number professional websites since she started writing in 2005.Some states, such as Georgia, put the onus on the maker of the postdated check to ensure that the check is not cashed or deposited prematurely.Other states, such as West Virginia, place the responsibility of avoiding the premature deposit or cashing of a postdated check on the recipient of the check.A postdated check does show the tenant's will to pay, and if the funds are in the account on the date the check is cashed the landlord will receive the money.If the check bounces the landlord may have certain civil remedies to help recuperate the promised funds.The same law disallows an organization from making the same representation but then cashing or depositing the check without reasonable procedures in place to prevent the premature cashing of the postdated check.Where the recipient accepted a check knowing that it was postdated, West Virginia law requires the recipient of a postdated check to, upon the request of the check’s maker, pay the fees and any other costs resulting from the early cashing or depositing of the check.In other words, a customer who has properly notified the bank of the postdated check can sue the bank for cashing the customer’s postdated check before the postdate if the bank’s action causes the customer loss, such as causing other checks to bounce. The West Virginia Code prohibits a person from requesting or accepting a postdated check while intending to deposit or cash it before the date written on the check.The law also prohibits the recipient of a postdated check from intentionally cashing or depositing the check prior to the check’s date if the recipient represented that postdating the check would prevent the check from being deposited or cashed prior to the check’s date.In Georgia, a bank may pay a postdated check before the date on the check unless the customer who writes the check notifies the bank of the postdating and sufficiently describes the check.The notification not to pay the postdated check until the check’s date is valid for six months; however, if the customer’s notification was made verbally without also putting it in writing, the customer’s notification remains valid for only 14 days.

419 comments

  1. Nov 21, 2014 · CHECKS POSTDATED go back. There is no law that prohibits a check writer from postdating a check giving it a date in the future. However.

  2. What is a Postdated Check. you must give the bank reasonable notice of the postdating by describing the check with reasonable certainty before the bank receives.

  3. The Myths and Reality of Post Dated Checks. away is the myth that post-dated checks are "illegal." They are. post dated check is not honored when it is.

  4. Postdating a check doesn't mean it can't be cashed earlier. to the bank of the postdating." As far as whether it's illegal to postdate a check, it's not.

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