What is postdating check 100 std online dating
a check delivered now with a written date in the future, so that it cannot be cashed until that date.
The danger to the recipient is that such a check is legally only a promissory note due at the later date, and if the account is closed or short when the check is presented at the bank, the payee has no rights to demand payment by the bank or claim that the delivery of a bad check was criminal.
Accepting a check that is postdated may provide the tenant with a legal defense that negates criminal intent even if the check doesn't clear.
As a landlord, collecting a check that has been postdated could be dangerous.
If the check bounces the landlord may have certain civil remedies to help recuperate the promised funds.
Mary Lamphere writes travel, real estate, wellness, health and business content for a variety of online portals.
The main reason the law lets banks cash post-dated checks is that it’s too hard to look at checks for their date.
Processing 45,000,000 checks a day is tough enough, without looking at dates.
You could go after the person you wrote your check to, on the grounds that he broke an agreement to hold off on cashing the check.
This means that a tenant may legally postdate a check to you and that you may even be able to cash it when you receive it, but if the bank has been notified of the postdating you will have to wait until the date listed on the check instrument before you may receive the funds.
While it may be a crime for a tenant to write a check when there are insufficient funds in his account to cover the check, California's worthless check laws may not cover a landlord if a postdated check was accepted.
According to California's bad check law, writing a check with the intent to commit fraud or knowingly writing a check when there are insufficient funds to cover the full amount of the check are both illegal.
However, if the tenant writes the check with the intent to have funds in the account on the date that the check is postdated for, there is no intent to commit fraud or pass a worthless check and therefore no illegal activity has technically taken place.