Boing boing boing boing

Not sure if it is any different in the U.S., but it is not legal to write a post dated check in Canada. A check can be cashed as soon as it is received, regardless of the date.

What happens if a post-dated cheque is accepted and processed to my account before the due date?

Under CPA Rules, a post-dated cheque is not eligible for clearing and therefore should not be deposited before the due date. However, given the large volume of cheques and the degree of automated processing, some post-dated items may inadvertently slip through.

Under Rule A4, Section 6(b), a payment item may be returned through the clearing by a CPA member financial institution for the reason "post-dated" up to and including the day prior to the due date. Once the due date is reached, the payment item cannot be returned for the reason "post-dated".

A customer with concerns about a post-dated cheque being processed to his or her account should raise them with his or her financial institution. If the institution is notified within the timeframe described above, the cheque can be returned through the clearing. Questions about overdrafts as a result of the early processing of post-dated items should also be addressed to the financial institution.

Because we are not going to be around in Feb to make our payment then. ( 5 days from now)
I gave him that check to deposit for next month so that his records were straight and we would not owe him any late fees.

I have done this with him before. Never an issue.

This time, its an issue..

Bear(don't make me come in there) almost always gets his way with this kind of stuff.

I had talked to the lady at the bank about people depositing post dated checks and she said that banks are not responsible for catching dates on a post dated check.

So long as it is written to the proper person, it can be cashed at any time. It is up to the person writing the check to not write it before it is due.

The only way a bank is able to stop someone ( and STILL, they are not responsible) is if someone, in person, walks up to a teller and tries to cash the check. Then the teller -should- but is still not required.. to say " No, this can not be cashed until such-and-such date.."

§ 4-401. WHEN BANK MAY CHARGE CUSTOMER'S ACCOUNT.

...

(c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in Section 4-403(b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in Section 4-303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under Section 4-402.



§ 4-402. BANK'S LIABILITY TO CUSTOMER FOR WRONGFUL DISHONOR; TIME OF DETERMINING INSUFFICIENCY OF ACCOUNT.

(a) Except as otherwise provided in this Article, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft.

(b) A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case.

(c) A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determination need be made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank's decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful.