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Post-dated Check Banking Law??

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This is a long story, but please read it. I need someone else's take on this...

I'm having an on-going dispute with Wells Fargo Bank (Oregon is my State) and I'm really tired of getting the run around. My question was this: Does a National Bank have the right to process its customers post-dated checks well before the date specified on their checks?

I thought it should be illegal or at least against policy. Your bank should be working for you to prevent vendors from processing your payments in advance. After all, you are signing your name to an instrument to authorize the details you have specified on your check!

SO after my first argument....I did some research on US Banking Laws....regarding post-dated cheques (negotiable instruments) and here's what I found:

UCC Article 3 (3-113)

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 the date.

UCC Article 4 (4-401)

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 this act.

And there's more where that came from.

I called up Wells Fargo today and discussed the above with them.

First, a Supervisor told me that the law is that you are not allowed to write post dated checks, which in fact is not true.

Then they said that just because the law says they are not supposed to cash them in advance of the date posted, that didn't matter because by signing my signature card at the bank meant that I signed a contract agreeing with the Bank's policy, of which they will process checks whenever the heck they feel like it.

My problem with this was that if their policies are against US Commercial Banking laws, aren't they breaking the law? They said I'd need to speak to their legal department, so I asked for that dept's phone number. I was put on hold and the supervisor came back on the line and told me that before speaking to their legal department I would have to retain a lawyer and do so through a law firm.

I then asked for the Wells Fargo President's address so that I could write him a letter.

Should I pursue this further? It just disturbs me that a person seems to have no rights when writing a check.
 



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