R.3d 464 (1973) (suggesting “that this division of authority . It’s worth noting here that our statute does cover drafts as well as checks.
may be occasioned more by differences among the statutes involved, than by differences of opinion as to the legal principles applicable”).
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.
Lydia Rodriguez gave her landlord a postdated check to cover the monthly rent. But most banks pay little attention to the date when a customer presents a check.
She assumed it would be at least four days - the date she wrote on the check - until the bank would cash it. "My bank cashed the check and then charged me [a] nonsufficient funds fee," the New York City woman explained. So, in practice, postdated checks are often cashed earlier than the check writers expect.
But that might be hard to prove, and the amount involved—the bounced check fees—probably aren’t enough to sue over. If they weren’t, “pay day” lenders, and other crude forms of credit, couldn’t exist.
Only “properly payable” checks are supposed to be cashed by banks.
The rent check of 5 cleared, but wiped out my balance, which was supposed to cover other checks and ATM withdrawals. The Answer: This is an important lesson for people, and a potentially expensive one for you: It doesn't matter what date is on a check -- it can still be cashed. She noted that such matters are governed by the Uniform Commercial Code, which concerns general business practices.
"If the bank doesn't pay attention to the date on the check, then why put a date on the check at all? In theory, when you postdate a check - that is, write a future date on it - the check becomes negotiable only on the date on the check.
Even worse, the check writer usually has little recourse.
The law requires you to describe the check with reasonable certainty, including providing your account number, the date on the check, the check number and amount, and the name of the person or company named on the check.
And you have to make sure you provide all this information before the bank receives the check.