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Post-Dating Checks

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rwenrich

Guest
I live in Jacksonville, FL. and my credit union is in Harrisburg, Pa. We post-dated a check for 2/3/00 when our direct deposit was to be there. The check was cashed before 2/2/00 and the funds were not there. The credit union then charged us a $20 fee. I spoke to someone from the credit union who, after arguing with me for some time said "it is illegal to post-date a check in Pennsylvania". I was looking through the U.C.C. and found nothing that said that it was illegal to post-date a check. I'll admit that I am having trouble understanding the language but wouldn't that fall under Article 3, Part 1, 3-108 (b) payable at a definite time? If so, shouldn't they refund my $20 since the check should not have been honored before that date? What do you think?

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Rick Wenrich
 


ALawyer

Senior Member
I think you should pay the $20 -- that's what their bank charged -- and stop wasting mental energy.
 
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rwenrich

Guest
I'm sorry if I seem trivial here, but I already pay $35/month in bank fees which doesn't include ATM transactions. We often post-date checks so that they arrive in time to avoid $35 late fees. Is it legal to post-date checks and must the bank honor the date on the check? They don't have to pay a check where the same date is over 6 months old.

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Rick Wenrich
 
D

depeche

Guest
You are rightbut then again you are wrong. You are allowed to post-date a check. And you are also right that a check is therefore not "properly payable" before the stated date. However, 4-401(c) allows the drawee bank to pay a postdated check unless the drawer has notified the drawee bank that this check has been postdated. Note that this provision is a relatively recent change and not all states have adopted all prvisions of the new Code. So check to see if your state Code has adopted 4-401(c). And, in the future be sure to let the bank of the postdated check before you issue it.
 

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