A few weeks ago, however, I wrote a check and got a nasty surprise in my bank account.
After the initial period of panic, grief and anger toward the bank and the person who had cashed the check, I did some serious digging into the regulations surrounding postdated checks.
We were always under the assumption that a post dated check could clear when presented. Well, you can tell him that class is in session and you are the professor.
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.
For instance, if you’ll be out of town when rent is due, but don’t have the funds to pay rent early, you might postdate your check.
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.
For instance, if you write a check on June 1 but date the check June 25, you are postdating the check.
In the UK the legislation is clear; 'A cheque is a bill of exchange drawn on a banker payable on demand'.In nov 2008 I wrote 3 post dated checks one to a landlord for rent on a building two to a parts store for a revolving credit account the one to the landlord was 2400 and the two to the parts store were 3200 1600 a peice I worked all across the united states and wrote the checks because I would not be anywhere near texas in dec of 08 in the course of things my contracts got canceled "I owned a business in the oil feild" I called both of the guys involved and told them the checks would not clear and told them I would have to work something else out with them they both agreed I paid the parts store 1400 and then ran out of money I found out this month that they both turned the checks over the district atty and that I have a felony warrant out for my arrest and a 30000 bond I cannot afford a lawyer and I dont know what to do Im a single dad of a two yr old boy and If i get arrested I cant bond out everything Ive read says that post dated checks cannot be turned over to the DA however these guys did I am scared for my sons well being and dont know how to proceed can someone please help You really do need an attorney.You should be able to get a low cost/no cost consultation with an attorney through your local legal aide society or a law school if you have one near by.would it be a bad Idea to call the DA and tell them that the checks were post dated or should I just hope I dont get pulled over and try to hire and attny Ive read the Texas state law and its specifically excludes post dated checks Im sorry I just feel that I really havent done anything wrong...I owe the guys money absolutely...Im not denying that but right now there just isnt enough to go around I talked with an atty about this last week that Ive used before he said that it was just a DA being a jerk and shouldnt be a problem to handle but he said I would cost 1500 I could pay a couple hundred just not 1500 an Ive been told legal aid takes months to get a response from and Im afraid its just a matter of time before they show up to arrest me.In banking, post-dated cheque is a cheque written by the drawer (payer) for a date in the future.