Postdating a check
Postdating a check - Free chat wouman
R.3d 464 (1973) (suggesting “that this division of authority . It’s worth noting here that our statute does cover drafts as well as checks.
I was under the impression that this is false, and that writing post-dated checks can actually be considered illegal under some of the worthless-check laws here in the United States.
You would need to send a notice of postdating to your bank describing the check.
This doesn't prevent the recipient of cashing the check, but it does prevent your bank from charging your account until the date you specify NOTE: This may be considered a form of stop payment, and you may be subject to the fees noted by your institution.
If the account is closed (presumably by the executor of the estate) then the check will bounce, just as if the account were closed on an outstanding check without the death of the account holder.
In this case, the usual legal remedies would be available to the payee.
14-107, it’s a Class 2 misdemeanor to write a check, “knowing at the time .
that [the check-writer doesn’t have] sufficient funds on deposit . My mechanic dutifully waits until Monday to cash the check, but it still bounces.
Maine has a statute that accepts postdating, but only if you notify the bank of your intent.
Vermont does something similar and I'm sure other states do, too.
I tell him that I need to date the check with next Monday’s date, because my paycheck will be directly deposited into my bank account late on Friday, which will give me sufficient funds to cover the check.
For example, suppose that I write a check today to my mechanic for 0. Nationally, there’s a split of authority about whether post-dated checks fall within worthless check laws: [Some courts hold that they do not,] because the delivery of such a check implies on its face a present insufficiency of funds .
So as a practical matter, postdated checks don’t do what you want them to do.