Postdated check

[The Boss]

What is the name of your state (New York)? Can a local police agency charge someone with issuing a bad check when it was postdated?

The recipient of the check back out of his agreement and still attempted to cash the check that was postdated and then went to police a month later after attempting to cash check again and filed charges!

 

[Antigone*]

What is the name of your state (New York)? Can a local police agency charge someone with issuing a bad check when it was postdated?

The recipient of the check back out of his agreement and still attempted to cash the check that was postdated and then went to police a month later after attempting to cash check again and filed charges!

The only way to protect yourself when issuing a post-dated check is to place a stop payment on the check. On the date you have promised to make that check good, you must call the bank back and release the stop payment.

What did the police tell you about the bad check when you told him that you and the payee no longer had a valid agreement?

 

[Rexlan]

A post-dated check does not qualify as a "bad check" in any jurisdiction that I am familiar with. But, when the date on the check matures it becomes a negotiable instrument and if it is NSF on or after that date then it is a bad check. If is is canceled/stop payment it is not a bad check.

Reading between the lines - it sounds like you may have not canceled the check before it's issue date. If the payee tried to cash it AFTER it's issue date and it was bad (NSF)then you have a problem and the state is obligate to prosecute it ... as they should. If it is over the 2-500 threshold it is pretty serious.

You should talk with a local attorney if you have been charged.

Good luck.

 

[tranquility]

From the UCC:

§ 3-113. DATE OF INSTRUMENT.

(a) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in Section 4-401(c), an instrument payable on demand is not payable before the date of the instrument.

(b) If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder.
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§ 4-401. WHEN BANK MAY CHARGE CUSTOMER'S ACCOUNT.

(a) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.

(b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.

(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.

(d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to:

(1) the original terms of the altered item; or

(2) the terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.

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I completely agree with the other posters.