Laws against post dating checks

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Kiting is commonly defined as intentionally writing a check for a value greater than the account balance from an account in one bank, then writing a check from another account in another bank, also with non-sufficient funds, with the second check serving to cover the non-existent funds from the first account.Some forms of check fraud involve the use of a second bank or a third party, often a place of retail, in order to delay the absence of funds in a transactional account on the day the check is due to clear at the bank.The suit may also seek the imposition of a civil penalty against the check recipient in an amount not less than 0 but not greater than

Kiting is commonly defined as intentionally writing a check for a value greater than the account balance from an account in one bank, then writing a check from another account in another bank, also with non-sufficient funds, with the second check serving to cover the non-existent funds from the first account.Some forms of check fraud involve the use of a second bank or a third party, often a place of retail, in order to delay the absence of funds in a transactional account on the day the check is due to clear at the bank.The suit may also seek the imposition of a civil penalty against the check recipient in an amount not less than $100 but not greater than $1,000. The federal code broadly prohibits debt collectors from using “unfair or unconscionable means” in collection efforts.In identifying the type of conduct forbidden under this broad prohibition, the statute provides a non-exhaustive list of specific actions that a debt collector may not undertake; three of these specific actions pertain to postdated checks.Debt collectors are prohibited from depositing or threatening to deposit a postdated check prior to the date on the check.A debt collector may not accept a check postdated by more than five days unless the debt collector notifies in writing the check’s maker of the collector’s intent to deposit the check.Nonetheless, if the bank has been given proper notice of the post-dating, the Uniform Commercial Code requires that the notice be honored, or the bank be held liable for. There is no law that prohibits the issuance of a post-dated check; however, there are laws against issuing checks when you know.

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Kiting is commonly defined as intentionally writing a check for a value greater than the account balance from an account in one bank, then writing a check from another account in another bank, also with non-sufficient funds, with the second check serving to cover the non-existent funds from the first account.

,000. The federal code broadly prohibits debt collectors from using “unfair or unconscionable means” in collection efforts.In identifying the type of conduct forbidden under this broad prohibition, the statute provides a non-exhaustive list of specific actions that a debt collector may not undertake; three of these specific actions pertain to postdated checks.Debt collectors are prohibited from depositing or threatening to deposit a postdated check prior to the date on the check.A debt collector may not accept a check postdated by more than five days unless the debt collector notifies in writing the check’s maker of the collector’s intent to deposit the check.Nonetheless, if the bank has been given proper notice of the post-dating, the Uniform Commercial Code requires that the notice be honored, or the bank be held liable for. There is no law that prohibits the issuance of a post-dated check; however, there are laws against issuing checks when you know.

In Georgia, a bank may pay a postdated check before the date on the check unless the customer who writes the check notifies the bank of the postdating and sufficiently describes the check.Such means include depositing or threatening to deposit a postdated check before the date on the check. You may have grounds to file a legal action to recover any harm you suffer as the result of the premature cashing or depositing of the check.Idaho’s unfair collection practices statute contains a provision identical to the federal notification provision pertaining to checks postdated by more than five days. Many states have laws addressing postdated checks and consequences for cashing a postdated check before the check’s date.Some states, such as Georgia, put the onus on the maker of the postdated check to ensure that the check is not cashed or deposited prematurely.Date: nick: sandtote Best Answer: It is definitely NOT illegal to use a post-dated check.

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