Postdating check illegal

(d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to: (1) the original terms of the altered item; or (2) the terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.Generally, state law provides that if you notified your bank or credit union about a post-dated check a reasonable time before it received the check, your notice is valid for six months.

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It can be cashed at any time at the discretion of the bank.

After that, the bank or credit union can cash the check before the date you wrote on it. The CFPB does not endorse the third-party or guarantee the accuracy of this third-party information.

If your bank or credit union cashed a check before the date you put on it while your notice was still valid, then it may be liable to you for any damages. There may be other resources that also serve your needs.

(1) payment of the check was refused by the drawee for lack of funds upon presentation within 30 days after issue, and the drawer failed to make full satisfaction of the amount due within 15 days after notice of dishonor was deposited as first class mail, addressed to the drawer at the address appearing on the dishonored check or the drawer's last known address; or (3) a person "issues" a check when as a drawer the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check; a person who draws a check with the intent that it be so delivered is considered to have issued it if the delivery occurs.

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