Post Dated Check cashed early

[jwoo3944]

What is the name of your state? Texas

We purchase a truck from a dealership in Texas last month and was told we could post-date our deposit check for 2/4/03, we have a copy of the check and it was altered and presented for payment on 1/31/03. We had yet to transfer the funds to cover the check so now we have 6 overdrafts because of this. Is this legal and what can we do?

Thank You

 

[I AM ALWAYS LIABLE]

What is the name of your state? Texas

We purchase a truck from a dealership in Texas last month and was told we could post-date our deposit check for 2/4/03, we have a copy of the check and it was altered and presented for payment on 1/31/03. We had yet to transfer the funds to cover the check so now we have 6 overdrafts because of this. Is this legal and what can we do?

Thank You

My response:

What is "legal to do"? The alteration or the early submission of a post-dated check?

How was the check altered?

IAAL

 

[jwoo3944]

They changed the date to 2-2-03 so their bank would honor it.

 

[HomeGuru]

Then that is check forgery. If they did not alter the check and just cashed it, you would have no recourse. You can sue them for altering the check.

 

[jwoo3944]

Thank You,

I do have a copy of the check from the bank and you can clearly see they changed the date to 2/2/03, the hand writing is completely different from my husbands.

 

[I AM ALWAYS LIABLE]

Thank You,

I do have a copy of the check from the bank and you can clearly see they changed the date to 2/2/03, the hand writing is completely different from my husbands.

My response:

While that's probably true; i.e., that they can be sued for altering the check, what are the damages?

Even if they left the date alone, and merely submitted the check to their bank early, no law has been violated. Ergo, no damages.

A merchant and a bank are, pursuant to the Uniform Commercial Code, absolved of liability when a post-dated check is tendered, and cashed.

Had the dealership altered the amount, that would be a different story. But, insofar as the date is concerned, altering the date is mere surplusage because the check could have still been run through the Federal Reserve System and cashed without regard to the date.

So, where's the damages?

IAAL

 

[jwoo3944]

The damage is we had not transferred the funds from one account to the other resulting in 6 overdrafts because the funds would not post to cover the check in time. We had funds to cover everything else and the funds were to be transferred yesterday but the check had already been submitted last week.

 

[I AM ALWAYS LIABLE]

The damage is we had not transferred the funds from one account to the other resulting in 6 overdrafts because the funds would not post to cover the check in time. We had funds to cover everything else and the funds were to be transferred yesterday but the check had already been submitted last week.

My response:

You're not understanding. I understand your "intent", but your lack of funds is no one's responsibility but yours.

It didn't matter that you post-dated the check. A post-dated check only gives you a false sense of security. The dealership was under no requirement to hold onto your check. Please reread my above response concerning the Uniform Commercial Code.

So, by writing a post-dated check, you caused your own damages by believing that a post-dated check would be your protection. It isn't.

IAAL

 

[jwoo3944]

But they are the ones that altered the check to cash themselves, if they can only held it for so long that should be stated. The fact is they altered the check.

 

[I AM ALWAYS LIABLE]

But they are the ones that altered the check to cash themselves, if they can only held it for so long that should be stated. The fact is they altered the check.

My response:

You're just not getting it.

Good luck to you.

IAAL

P.S. Perhaps this link will help you - -

Copy and paste this link into your browser without the on each side: [url]http://www.acsu.buffalo.edu/~kinho/youare.swf