Pre dating checks
Am I responsible for all the bounced check fees, since the checks wouldn’t have bounced if the bank had waited like it was supposed to before cashing it?The bank’s not responsible, since the law lets banks cash post-dated checks before the date on the check.Only “properly payable” checks are supposed to be cashed by banks.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.
The following question was submitted to John Roska, an attorney/writer whose weekly newspaper column, "The Law Q&A," runs in the Champaign News Gazette. The person didn’t wait to cash it like he was supposed to, and my bank paid it, which caused several other checks to bounce.
That’s if you warn your bank ahead of time about your post-dated a check, so it knows to be careful.
The law says you have to describe the check “with reasonable certainty,” and give the bank enough time to have "a reasonable opportunity to act.” Therefore, although it's not generally a good idea to write post-dated checks, the careful writer of post-dated checks will notify his bank as soon as possible about his post-dated check. Don’t be surprised if the bank charges a fee for having to be extra careful.
Unfortunately, you may have a difficult time demanding payment by the bank, or claiming that the writing of the bad check was done with the intent of committing fraud, since most states refuse to recognize postdated checks as check fraud.
If you wrote a postdated check and your bank cashed it after you gave reasonable notice of the postdating, a skilled attorney experienced in banking laws and regulations can advise you of your rights and remedies.