To be safe, one should not accept postdated checks dated too far in advance, and one should only accept them from a party that is going to still have its checking account open and with the available funds inside on the date of the check. If you wait too long to contact an attorney and bring a lawsuit, you may lose the right to get your money back. So, if you're going away on vacation or you need to schedule a payment for any other reason, here's what you need to know: Getting the reasoning in writing is always the best option. If not for her overdraft protection, the checks would have bounced. Postdated checks are perfectly legal, as long as they are not being used for illegal purposes. They can be deposited into any given checking account, then, because even if funds are not paid immediately, they will eventually be made available, just like an ordinary check. As mentioned earlier, banks will still accept postdated checks regardless of whether or not the date has come. It is important to know what you need to do when you are the victim of a bad check in Ohio. If you do not like the service, or the goods are defective, you are in a better position by simply delaying payment or not paying for them in the first place than you are if you write a bad check. Now hundreds are practically giving their timeshares away to get out from under the fees. If they do not contact you back, or tell you they are not going to pay you, or give you another bad check, then this may not be a mistake.
In some instances, postdated checks will be treated as payable, regardless of their postdated status. As such, it makes sense for a drawer to alert his or her banking institution as to the postdated checks in question to at least have greater assurance that his or her checking account will not be overdrawn. This is because postdated checks are essentially just negotiable instruments with a clause attached, where that clause does not affect the negotiability of the instrument. That notice has to have specific information—a lawyer should be used to write and help send this notice. In general, however, postdated checks are perfectly acceptable in most instances. In most states it's not illegal to post-date a check as long as there's no intent to defraud. Tips to Protect Yourself: So, if you're going away on vacation or you need to schedule a payment for any other reason, here's what you need to know: I'm not even going to worry about dates. In addition to the criminal issues bad checks create, they also expose the writer of the check to serious civil liability and damages. If you do not like the service, or the goods are defective, you are in a better position by simply delaying payment or not paying for them in the first place than you are if you write a bad check. Writing a bad check not only could lead to criminal and civil penalties, but you also lose your credibility and give up the moral high ground. Wednesday, September 12 9: But there is one important and often overlooked step that someone thinking about suing needs to take. This means that the initial holder of postdated checks cannot use them until the date on the checks has come. That bank may dishonor the check even after your bank makes the funds available to you. Postdated checks also might be used in some kind of scam or fraud, especially when they are dated for a long time away from the current date. If the check was a payment for part of a written contract, keep the documents that support the fact that the contract exists and that you held up your end of the bargain. Many companies do not accept post-dated checks. Cathy found out the hard way, "I think I'm just gonna pay my bills. If not for her overdraft protection, the checks would have bounced. That's usually disclosed in the terms and conditions of the contract. This is why it is so critical to have your case evaluated by, and handled by, a knowledgeable attorney. In this way, the drawer of a postdated check will be able to avoid any overdraft fees from the postdated check being drawn on a checking account without enough money in it to support payment of the check. The primary distinction of postdated checks in this instance, then, is that a postdated check cannot be drawn from the checking account of the drawer on a date prior the date listed on the check. It is presumed that someone knowingly wrote a bad check when there is no actual checking account, or when the check is dishonored within thirty days of it being written. In other words, postdated checks only become "functional" after the date mentioned on the checks.
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