Is post dating checks illegal
We believe everyone should be able to make financial decisions with confidence. This may influence which products we review and write about (and where those products appear on the site), but it in no way affects our recommendations or advice, which are grounded in thousands of hours of research.To do this, many or all of the products featured here are from our partners. So you date the check a few days in advance — also called postdating it — hoping your paycheck will clear by then. Here’s what you need to know about postdating and what you can do instead.However, legally, some jurisdictions have laws that allow the negotiation of post-dated checks under the premise that the…Section 4-401 of the Uniform Commercial Code provides that it is perfectly legal to write a post dated check, though many banks tend to lie and say that it is illegal so they can get out of admitting they made…You did not misrepresent anything, because you truthfully told the tech support contractor that funds were not immediately available but would be on the date that you post-dated the check.He did not rely on any misrepresentation, but rather disregarded a truthful representation. Incidentally, the tech support contractor’s conduct may be edging into extortion.
This prevents the person receiving the check from cashing it until the date written on the check.That certainly sounds like fraudulent intent to me.You wrote a post-dated check, which is a promise to pay.Although it is legal to post-date a check, the bank to which the check is presented for payment may charge the payor’s account even before the date of the check and even if doing so creates an overdraft.(UCC § 4-401.) So, a bank can charge a person’s account for a check the person post-dated when the payee tries to cash it before the date on the check.
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That is, he may be trying to squeeze more money out of you through a threat of criminal prosecution.