When you postdate a check, you put a future date on it.
For instance, if you write a check on June 1 but date the check June 25, you are postdating the check.
The written notice must be provided at least three but no more than ten business days prior to the collector depositing the check.
In other words, if on July 1 a debt collector accepts a check postdated for August 1, the collector may not deposit the check before August 1; if the collector intends to deposit the check on August 1, the collector must notify the maker in writing of such intent no later than July 29 but no earlier than July 18.
Because I make most payments (like my mortgage) online, it’s not too often that I bust out the checkbook.
A few weeks ago, however, I wrote a check and got a nasty surprise in my bank account.
However, keep in mind that it is illegal to intentionally write a bad check; if you’re postdating it with the intention of canceling it before the date, or if you know for certain that you won’t have the funds, you could run into legal trouble.
If you’re going to write a postdated check (or receive one), here are some things you should know!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.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.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.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.Debt collectors are prohibited from depositing or threatening to deposit a postdated check prior to the date on the check.