Postdating a check is it legal


02-Jul-2018 12:56

According to the Comptroller of the Currency: "A check is a negotiable instrument—the payee, the person to whom the check is written, may negotiate it through the banking system at any time" and check writers seeking redress must restrict themselves to pursuing the payee.In practice, whether the check writer has any redress against the financial institution where the payee deposited the check may depend on whether it can be shown that the check was accepted over the counter without examination.and mainly revolves around section 138 of the Negotiable Instruments Act, 1881.The two major issues before the courts are: 1) Post-dated cheques that are stopped by the bank or issuer, causing problems for whoever is to be paid by the cheque for goods or services provided and; 2) the reverse, in which a person is promised goods or services but does not receive them and has to stop the cheque.(2) A cheque is not invalid by reason only that- (a) it is not dated; (b) it is antedated or post-dated; or (c) the date it bears is a Sunday.

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In the United Kingdom, post-dating a cheque carries no legal weight and so such a cheque can be cashed before the due date.State: Georgia I got a call from my landlord today complaining that my rent check was post dated, and that I needed to send a new one ASAP.



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