The payee must give notice to the check writer at least three days, but not more than ten days, prior to depositing.
Her account was minus 0 and we do not have overdraft! But I am getting sick of this lady cashing them early, it is the 3rd month in a row!
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If you wrote a postdated check and your bank cashed it after you gave reasonable notice of the postdating, a skilled attorney experienced in banking laws and regulations can advise you of your rights and remedies.
If you accepted a postdated check for goods or services and a bank will not accept the check, an attorney may help you recover funds from the person who wrote the check.
Unlike a normal check, a postdated check is not necessarily payable on demand.
Since this kind of check is not payable on demand, most states refuse to cover postdated checks under bad check laws.
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.
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.
Waiting to cash a check that has been postdated provides the tenant with time to make other living arrangements, move out or otherwise abort the lease agreement.
In situations in which the tenant can be trusted, the landlord has known the tenant to be an honest, on-time payer or the landlord otherwise believes that the money will be in the tenant's account on the date the check posts, accepting a postdated check can be beneficial.
If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other Legal Match users so you can decide if they're the right lawyer for you.