Post dating check laws

Unfortunately, you may have a difficult time demanding payment by the bank, or claiming that the writing of the bad check was done with the intent of committing fraud, since most states refuse to recognize postdated checks as check fraud.

Unless he has given your bank notice of the postdating describing the check with reasonable certainty, your bank may charge his account for the check.

If he gave notice, reasonably describing the check, but you paid it prior to the date on the check, your bank would only be liable for damages, if any, caused by paying the check prior to its date.

Accepting a postdated check from a tenant may seem like a surefire way to get the money that you are owed, but this does not always lead to payment and sometimes may even lead to further complications.

Unless you are 100 percent sure that the tenant can be trusted and that there will be funds to cover the check when it is ready to be cashed, it may not be a good idea to accept a postdated check.

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.

If you write a check with a date in the future written on it, so that the check cannot be cashed until the date on the check, then you have written a postdated check.

Unlike a normal check, a postdated check is not necessarily payable on demand.

However, I think it is unlikely he would suffer any damages by its early payment.

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