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But just about anything with the right signature on it is properly payable, including post-dated and overdrawn checks.Post-dated checks are a risky form of do-it-yourself credit.Although it is legal to post-date a check, the bank to which the check is presented for payment may charge the payor’s account even before the date of the check and even if doing so creates an overdraft.
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But that might be hard to prove, and the amount involved—the bounced check fees—probably aren’t enough to sue over. If they weren’t, “pay day” lenders, and other crude forms of credit, couldn’t exist.
Only “properly payable” checks are supposed to be cashed by banks.
But, there is an exception to this rule: The bank must not charge the person’s account if: (UCC 4-401 (c).) Should the bank nevertheless charge the payor’s account even after receiving proper notice of post-dating as described above, the bank may be liable for damages to the payor that result, including damages from dishonor of later checks drawn on the account.
It was not clear from your question whether you promptly notified your bank of the post-dated check, but it seems that you did not because you do not mention it.
That is, he may be trying to squeeze more money out of you through a threat of criminal prosecution.
Anytime criminal prosecution is threatened, it is wise to consult with an attorney, whether to ease your concerns about your own actions or to determine if the person threatening is engaging in extortion.
This article discusses general laws about checks, post-dating, and the parties’ rights.
Personal checks (and other “negotiable instruments”) are covered by provisions of the Uniform Commercial Code (“UCC”), a set of model laws first developed in 1952 by some of the top legal scholars in the U. The drafters of the UCC intended to create a single body of regulation to uniformly cover commercial transactions, particularly interstate transactions.
The main reason the law lets banks cash post-dated checks is that it’s too hard to look at checks for their date.Tags: Adult Dating, affair dating, sex dating