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Author Topic: Post Date-ed Checks? Thomas Dieter Expert Film Handler Posts: 234 From: Yakima, WA Registered: Jun 2004 posted 08-15-2005 03:13 PM                     I don't know about many of you, but most of the places that I've been to, when you write a post date-ed check to someone, if they present it to the bank, the bank refuses to deposit it until the date on the check. Well, I just found out here in Florida, regardless of the date on the check, if the check is written and presented to someone, then it is legal and negotible. Not knowing this, I post date-ed a check to someone going on the assumption above, knowing that I had "X" amount of money in my account for my car payment, and the money to pay the someone would be there on the date written. Well, now my account is short "Y" amount of money cause of it. What's the rules and laws in your state and or bank about post dating checks?  |  IP: Logged Bill Enos Film God Posts: 2081 From: Richmond, Virginia, USA Registered: Apr 2000 posted 08-15-2005 03:56 PM                     If ya ain't got the money, why are you writing checks? Here, the check is negotiable when presented. The couple day float that used to be in the system is no longer there. Kiting checks is no longer possible and has always been unlawful. My bro. in-law has been in banking for 30 years. He says post dating is something banks allowed but by Va. law the check is negotiable regardless of the date.  |  IP: Logged Gordon McLeod Film God Posts: 9532 From: Toronto Ontario Canada Registered: Jun 99 posted 08-15-2005 04:10 PM                     In canada at least a check is not valid except for 90 days after and including the date on its face Also up here most landlord require one year of post dated rent checks as part of the terms of any lease  |  IP: Logged David Stambaugh Film God Posts: 4021 From: Eugene, Oregon Registered: Jan 2002 posted 08-15-2005 04:19 PM                        quote: Gordon McLeod up here most landlord require one year of post dated rent checks as part of the terms of any lease Are you serious? I've never heard of such a thing. That doesn't even sound legal. Don't ask me why, it just doesn't.  |  IP: Logged Gordon McLeod Film God Posts: 9532 From: Toronto Ontario Canada Registered: Jun 99 posted 08-15-2005 04:23 PM                     It is perfectly legal and the landlord thus has the guarentee of his rent since if the cheque bounces then he can go after you for fraud since you have in effect issued a bad cheque Most rental companys ask for post dated cheques In fact on some installations that have payment terms over a year we insist on a post dated cheque for each due payment  |  IP: Logged Dustin Mitchell Phenomenal Film Handler Posts: 1865 From: Mondovi, WI, USA Registered: Mar 2000 posted 08-15-2005 04:36 PM                     Are there accompying laws about the return of these post dated checks to the tennant if the lease is broken early? What if some sort of property damager-water, wind, fire, etc-occurs and thus the tennant is liable for a smaller portion of rent? As an example, if you were renting a place that included a garage and the garage burned down you would then have to pay rent only for the portion of the property that was still usable to you, at least that's the law in Wisconsin.  |  IP: Logged Gordon McLeod Film God Posts: 9532 From: Toronto Ontario Canada Registered: Jun 99 posted 08-15-2005 04:49 PM                     I beleive post dated cheques have to be returned at the termination of a lease but most leases do have clauses regarding damage bonds and a clause of one months rent can be forfiet for damage As for property rent change I don't know a landlord here is more or less requried to maintain the location so if a garage burns down then it has to be replaced but its cost could reflect in a rent increase  |  IP: Logged Jim Ziegler Jedi Master Film Handler Posts: 753 From: West Hollywood, CA Registered: Jul 99 posted 08-15-2005 04:50 PM                     In the U.S. you could not charge someone with fraud if a post dated rent check bounced unless it could be proven that the check was written with the intent to defraud. If someone has unexpected bills and the post dated check bounces, typically, the most that could be done to them is to take them to civil court.  |  IP: Logged Mike Blakesley Film God Posts: 12767 From: Forsyth, Montana Registered: Jun 99 posted 08-15-2005 05:49 PM                        Banks are trying their hardest to do away with checks altogether. They would like nothing more than to get rid of all paper instruments (including cash money) and have everything be electronic. When this happens (and it will), the first big terror attack on the internet and/or electrical grid will be the biggest disaster this country has ever seen.  |  IP: Logged Joe Redifer You need a beating today Posts: 12859 From: Denver, Colorado Registered: May 99 posted 08-15-2005 06:02 PM                        Why not just write "dated" instead of the non-word "date-ed"?  |  IP: Logged Mark Gulbrandsen Resident Trollmaster Posts: 16657 From: Music City Registered: Jun 99 posted 08-15-2005 07:44 PM                     Since I travel alot and can't always get my payola deposited in my accounts consistantly I have arranged with my Credit Union to cover my checks up to X amount even is there are not sufficient funds. They charge for this service but its not very expensive(cheaper than credit cards fees) and has been handy a few times over the years. This is a service that no regular Bank in Utah seems to offer and is just another GOOD readon to be setup at a Credit Union instead of a bank. Also since my Credit Union is a Federally Chartered setup thay are not goverened by other stupid state banking laws. It really pisses the banks off around here to the point that every legislative session they try to get new restrictive legislation through on the Credit Unions.... never passes though..... Mark  |  IP: Logged Paul Mayer Oh get out of it Melvin, before it pulls you under! Posts: 3836 From: Albuquerque, NM Registered: Feb 2000 posted 08-15-2005 09:04 PM                        That's pretty much everywhere in the US Mark. The banking industry is very concerned about the rise of credit unions and sponsors bills to curb credit union recruiting and growth wherever they can. Saw this myself when I sat on the board of directors for the Stage Employees FCU here. I've always done my banking through credit unions, either with the Stage Employees FCU or the Hughes Aircraft Employees FCU (now Kinetca) in SoCal. Never went with overdraft protection myself, but with Hughes and PanAmSat I had direct deposit of my paychecks. The money was always there when I needed it. Here I didn't bother with direct deposit since I had so many employers and the "locals" casinos all have pretty good paycheck-cashing giveaway incentives. Don't know how Nevada handles check dating. I haven't written a check in years. I put on quite a few hours in my early piloting career flying the float (canceled checks) overnight between here and Reno and Burbank. Talk about another job made obsolete by technology.  |  IP: Logged Mark Gulbrandsen Resident Trollmaster Posts: 16657 From: Music City Registered: Jun 99 posted 08-15-2005 09:40 PM                     Well, my expereince with my Credit Union has only been positive and I seriously doubt that I would ever go back to a bank again. Banks really do suck big time. Mark  |  IP: Logged Thomas Dieter Expert Film Handler Posts: 234 From: Yakima, WA Registered: Jun 2004 posted 08-16-2005 01:00 AM                     quote: Bill Enos If ya ain't got the money, why are you writing checks? Well, I forgot to mention this, but I figured that most would figure it out. I wrote the post dated check cause I had enough money to cover what I needed covered, until I got my next direct deposit. quote: Joe Redifer Why not just write "dated" instead of the non-word "date-ed"? Cause I couldn't remember how it was spelled, and dated looked incorrect.  |  IP: Logged Phil Hill I love my cootie bug Posts: 7595 From: Hollywood, CA USA Registered: Mar 2000 posted 08-16-2005 01:25 AM                  (Deleted double post) Hey! K-Y, remove this post!  |  IP: Logged

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