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  1. #1
    llamaem is offline Junior Member
    Join Date
    Feb 2006
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    Angry Is Post Dating a Check Illegal?

    State: Georgia

    I got a call from my landlord today complaining that my rent check was post dated, and that I needed to send a new one ASAP. I have done so, but my confusion is that she said that post dating a check is illegal. I don't see how this could be true, so I thought I'd run it by this board and see if my instinct is right and that she's just trying to scare me.

    I did not purposely post date anything. She didn't tell me the date I had written, but I would guess that I had combined the month the rent was due (February) and the day I wrote the check (the 27th) to create a whole new date. Oops.

    Also, she made it clear that my checks are to be dated the date rent is due every month. Technically speaking, because I mail my check in, isn't this post dating it?

    Thanks for any help you can provide!
  2. #2
    Litigation! is offline Senior Member
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    Jan 2006
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    1,275
    Quote Originally Posted by llamaem
    State: Georgia

    I got a call from my landlord today complaining that my rent check was post dated, and that I needed to send a new one ASAP. I have done so, but my confusion is that she said that post dating a check is illegal. I don't see how this could be true, so I thought I'd run it by this board and see if my instinct is right and that she's just trying to scare me.

    I did not purposely post date anything. She didn't tell me the date I had written, but I would guess that I had combined the month the rent was due (February) and the day I wrote the check (the 27th) to create a whole new date. Oops.

    Also, she made it clear that my checks are to be dated the date rent is due every month. Technically speaking, because I mail my check in, isn't this post dating it?

    Thanks for any help you can provide!

    My response:

    First of all, postdating a check is not "illegal." However, if you read the Uniform Commercial Code, a bank will take a check regardless of the date. So, if you've postdated a check, and the payee cashes the check, that's the date the funds will be taken from your account - - or if there are insufficient funds, then you'll be in hot soup. And no, it's no longer a defense to the principle amount and the INF fees to say, "Well, it was postdated!" Sorry, Charlie, but you'd be on the hook for those fees.

    It's not like the good ol' days.

    Secondly, "mailing" a payment on a bill is a "convenience". It's no longer a good defense to say that you placed the amount owing in the mail on the due date. If the amount doesn't reach the creditor by the date due, again, you're on the hook. The law requires you to place the money in the hand of the creditor, and mailing is merely a convenience for which you take your chances.

    IAAL
  3. #3
    llamaem is offline Junior Member
    Join Date
    Feb 2006
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    Clarification

    This dosen't actually change anything, but for the record I had the funds, and had intended the check to be cashed on the 1st. I just had a brain fart when writing the date.
  4. #4
    cissycicle is offline Member
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    Jan 2006
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    So, if I date a check today, then date an Italian tomorrow is that okay?
  5. #5
    weenor is offline Senior Member
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    Nov 2005
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    Alabama
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    Quote Originally Posted by cissycicle
    So, if I date a check today, then date an Italian tomorrow is that okay?

    Kelly go away****************************..
  6. #6
    cissycicle is offline Member
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    Jan 2006
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    Quote Originally Posted by weenor
    Kelly go away****************************..
    You tried that yesterday, remember? You were and are still wrong. I am NOT Kelly. Pay close attention here. Cissycicle is NOT the same as Cissy10.
  7. #7
    Betty is offline Senior Member
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    Il.(near StL, Mo.)
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    3,299
    Quote Originally Posted by cissycicle
    So, if I date a check today, then date an Italian tomorrow is that okay?
    You're funny! )

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