Post dating a check illegal

You should do it as soon as possible to allow the bank time to process the instructions.

You should also describe the check to the bank with “reasonable certainty.” In other words, provide the check number, date, amount, and name of payee.

I told her it wouldn't be there until the 24th, it was due on the 27th.

I know I win idiot of the year, but I did not know it was illegal to post date a check. I get paid on date x, but the bill is due on date x and if I don't have time to pay in person or the extra few dollars to pay over the phone I'd like to be able to send it on day w, x it out of money I have availabe to me and not ask y it is a problem.

However, creditors are governed by the Federal Trade Commission Act (FTCA), which prohibits them from engaging in unfair or deceptive acts or practices. The FTC will then conduct its own investigation and, where relevant, take action against that creditor.

The Federal Trade Commission (FTC) may consider the creditor's early deposit of your postdated check to be an “unfair or deceptive act or practice.” However, unlike with the FDCPA, you cannot sue the creditor for violations of the FTCA. Your local and state laws may also offer additional protection from the premature deposit of postdated checks.

Your state's law may also cover both debt collectors and creditors, and provide for greater damages than what is allowed by federal law.

To find information about your state or local law, do some research on your own (visit Nolo’s Legal Research area), contact your state attorney general office or state consumer protection agency (see State Consumer Protection Offices to find yours), or consult with a local attorney.

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This means that you don’t have a claim against your bank unless you notified it not to release the funds.

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