Lydia Rodriguez gave her landlord a postdated check to cover the monthly rent. But most banks pay little attention to the date when a customer presents a check.She assumed it would be at least four days - the date she wrote on the check - until the bank would cash it. "My bank cashed the check and then charged me [a] nonsufficient funds fee," the New York City woman explained. So, in practice, postdated checks are often cashed earlier than the check writers expect.
upon presentation.” The crime may be more serious if the check-writer is a recidivist or the amount of the check is very large. Another line of reasoning taken by the courts supporting this view is that bad check statutes do not apply to postdated checks, because such checks do not conform to the definition of a check in the Negotiable Instruments Law, that is, “a bill of exchange drawn on a bank payable on demand.” Other courts, though, have held that postdated checks are within bad check laws . Nonetheless, perhaps there are circumstances under which a worthless check charge would make sense. Finally, if my check to my mechanic had been dated today, it appears that I could be charged with writing a worthless check even if he and I agreed that he would not cash the check until Monday.
R.3d 464 (1973) (suggesting “that this division of authority . It’s worth noting here that our statute does cover drafts as well as checks.
may be occasioned more by differences among the statutes involved, than by differences of opinion as to the legal principles applicable”).
The problem, however, is writing a postdated check may violate your customer agreement with the bank. If you do, make sure the person you give it to can be trusted - and understands exactly when to cash the check.
That means you may be able to keep a specific check from being cashed, but the bank could also force you to close your account. Asa Aarons is a consumer reporter who appears on "News 4 You" at p.m. His special Daily News column appears Mondays, Tuesdays, Thursdays and Fridays.
"If the bank doesn't pay attention to the date on the check, then why put a date on the check at all? In theory, when you postdate a check - that is, write a future date on it - the check becomes negotiable only on the date on the check.