According to Legal Match, it is legal to write a post-dated check; however, legal options are limited if the check is cashed early. In addition, if you accept a post-dated check that does not clear, most states do not apply check fraud laws to post-dated checks.
According to Nolo, unless you give your bank reasonable notice not to pay the post-dated check until the given date, the bank can cash it when it is presented. According to the Consumer Financial Protection Bureau, this notice is valid for up to six months.
Debt collectors and creditors often ask for post-dated checks or payments. The Fair Debt Collection Practices Act prohibits debt collectors from cashing post-dated checks early, states Nolo. In addition, if a creditor cashes a payment early, a complaint can be filed with the Federal Trade Commission.Learn More
The bank on which the check is drawn should be able to honor it with no problems. However, if the recipient takes it to his bank, the processing machine might have problems reading the material at the bottom of the check.Full Answer >
The time it takes a deposited check to clear depends on the policies of the particular bank an individual is using. Each bank operates by its own rules, although some have similar policies.Full Answer >
A check is generally considered stale dated if it was written more than six months prior to being presented to a bank or other financial institution. At this time, most banks have the option of refusing to deposit or cash the check, according to LegalMatch.Full Answer >
It is possible to cash a check at the post office, but doing so is only available for very specific types of checks. The United States Postal Service cashes Postal Service Commercial Checks and Treasury Checks. The checks must not be more than a single year old.Full Answer >