Are post

Jul 8, , The exception is when you notify your bank that you have post dated a check. The following link may help. Even though my posting was referring to the law in Canada both by the Government and by the Canadian Payments Association which banks here in Canada must abide by, it turns out the post-dated rule that banks use here in Canada today is a rule that the banks themselves have implemented even though it goes against the law. It’s only when client threaten to sue the bank or get the FCAC or CPA involved that they back down as they knew they are legally responsible for the making sure the check isn’t cashed on the date before it was posted. Bills of Exchange B-4 which has been in legislation since , the latest amended version still consists of the same law and wording for post-dated or antedated cheques. Helpful Reply We’d like to understand what you find wrong with Leathal’s answer:

Can Someone Legally Cash a Check Before the Valid Date

The judge ruled that my friend was obligated to pay the babysitter for the checks that were less than 7 years old. This was in Wisconsin. Reply Bryce says I can never understand why people in the states pay for groceries or gas with checks. There are debit cards, credit cards and cash. Very few places here in canada even accept checks. I think those places probably accept chickens and animal pelts for payment as well.

It is the duty of the person drawing a postdated check to notify, in writing, the separate office or branch of the institution upon which such check is drawn, giving a complete description thereof, including the name of the payee, the date, the number, and the amount thereof; otherwise, the institution is not liable for paying such check.

Employers post-date checks they print all the time. Because the workers’ agreement with their employer is that they provide a certain period of service to the employer, usually two weeks, and get paid at the end of that service. Employers often have multiple accounts and keep the bulk of their cash in interest-bearing accounts until Hotels often take payment information in advance, but they don’t charge the credit card or cash your check until you check in–i.

It is perfectly legal to provide a charge card or check for which the funds are not available when booking a room in advance. Because you haven’t received a service or product from them until you’ve checked in. For a utility company, you can call and give them 12 check numbers and they will use that information to make payments on a specified date of each month for the next year. Although you don’t put a stamp on it, you are still paying by check, and you are giving them to the recipient in advance.

John Roska: The law on post

The issuance of a check on an account which is closed or has insufficient funds may constitute a crime for which the maker of the check may be prosecuted. The issuance of a check which is not honored may also give rise to a civil claim for damages. Which way you proceed in your case will depend on the circumstances in your case. Whether the issuance of a bad check is a crime will depend on several factors.

Dec 28,  · Payment of Real Estate Taxes with post-dated check. Discussion in ‘Tax’ started by Travis Jordan, Dec 20, By dating the check 1/2/04, though, it becomes a deduction. Because of the post dating, even India Question abt post dated cheques. India Post Dated Cheque. USA real estate taxes on life estate house.

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Check writing/cashing etiquette

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Post-dated checks are technically illegal throughout the entire US.. Once someone hands you a signed check, you are legally allowed to deposit that check at anytime.. If you do accept post-dated checks, as I do, be wary. This is post dating a check.

There is nothing illegal, inappropriate, unlawful, unethical, unprofessional, or unconscionable about a creditor asking a customer to issue a post dated check, nor is there any reason a customer cannot issue one or a series of post dated checks to clear a past due balance. There are several advantages to taking postdated checks in settlement of an account balance including these: The fact that you are holding a check that will be presented to the bank for payment on a specific date places a burden on the debtor to have funds on deposit when the check is presented.

In the event that the check is dishonored and the customer is sued, the existence of the check makes it harder for the customer to argue that the debt was never owed. Even if a post dated check is not honored when it is first presented, there is always the possibility that the check will clear at its second presentment, or that the creditor can tender the check to the debtor’s bank on a collection basis.

There is a down side to accepting post dated checks If a creditor accepts a post-dated check in exchange for merchandise or services, in many jurisdictions the seller is considered to have extended credit to the issuer of that check.

Payment of Real Estate Taxes with post

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What Is the Legality of a Postdated Check? What Is the Legality of a Postdated Check? July 25, and laws vary from state to state. It’s not illegal to postdate a check, unless you’re attempting to commit fraud. A woman writing a check. Most state laws say that if you notified your bank about a post-dated check in writing a.

Can I post-date a cheque? Different banks have different policies, but the majority of banks discourage the practice of post-dating cheques. Many state in their terms and conditions that post-dated cheques should not be written, while some include a note at the front of chequebooks, saying post-dated cheques should not be written. There are no specific rules on how banks deal with post-dated cheques if they are paid in before the due date. This is likely to be inconvenient to both you and the person or business you have given the cheque to.

If the bank does not spot that the cheque has been post-dated, the cheque would then probably be paid before you intended or returned unpaid if you have insufficient funds in your account. This could potentially incur you charges and cause inconvenience to the recipient. If you want to make a person-to-person payment on a particular future date it may be preferable to set up a standing order or one-off automated payment using online, mobile or phone banking services.

Consumers and businesses are advised not to accept post-dated cheques because of the problems they create if they are paid into their bank accounts before the due date. There are no specific rules on how banks deal with these post-dated cheques if they are paid in before the due date.

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Post-dated Cheques Cashed Early Sometimes a post-dated cheque is deposited before the date on the cheque. Banks have processes in place to look for post-dated cheques and do their best to make sure they aren’t processed early.

Well, when I wrote said check, I dated it for the first of next month as I assume most people would. What is Postdating a Check? In their post, they note that many banks even state in their account disclosures that they will accept future-dated checks as long as everything else is properly filled out. In that initial post, I also shared how I had put my days of overdrafts far behind me. Well, my friends, the streak has come to an end. Thankfully, I have two saving graces in this case.

The first is that Discover actually allowed the check to post instead of bouncing it. Especially with me being out of town, the latter scenario would have been a major headache in this case and could have ended up costing me more due to potential late fees and returned items fees when all was said and done. No matter how much I think I know about personal finance, it seems that there are always some nasty surprises waiting for me up ahead see also:


In the case of Rangappa v. In the case of Goaplast P Ltd. This chapter was introduced in the Act by the Banking, Public Financial Institutions and Negotiable Instruments Laws Amendment Act, Act 66 of with the object of inculcating faith in the efficacy of banking operations and giving credibility to negotiable instruments in business transactions and in order to promote efficacy of banking operations. With the policy of liberalisation adopted by the country which brought about increase in international trade and commerce, it became necessary to inculcate faith in banking.

World trade is carried through banking operations rather than cash transactions.

Post-dated check – a check with a date after the date on which the check was presented is considered a post-dated check and may not be prosecuted criminally. The post-dating of the check creates an extension of credit, even if only for a day, and converts the case to a bad debt situation.

Landlord and Tenant Law questions answered for tenants and landlords by Ottawa lawyer Michael Thiele. Tuesday, 29 July Can the landlord demand post-dated cheques or money orders? The Residential Tenancies Act is the law that governs residential landlord and tenant relationships and it has specific rules about rent and how it is charged to tenants. With respect to post-dated cheques and other types of automatic payments this is what the law says: A post-dated cheque, or what is meant by this in the contexted of landlord and tenant law is that a landlord will often ask a tenant to provide 12 cheques, all at once for the monthly rent.

The cheques are post-dated, meaning each cheque is dated for the day rent is due in each of the following 12 months. The point of post-dating a cheque is that the cheque isn’t “good” or capable of being cashed until the date on the cheque. Therefore the post-dating prevents the landlord from depositing all of the cheques at once. Note that the language of the Residential Tenancies Act simply provides that a landlord may not “require” a tenant to provide post-dated cheques.

Certainly, providing post-dated cheques can be a great convenience and be easier for both the landlord and the tenant. This is especially true in tenancies where the relationship with landlord and tenant is good. If you have provided post-dated cheques, and this is convenient to you, there is nothing wrong with having done this. If you are a landlord and you have asked for post-dated cheques there is nothing wrong with this either.

The prohibition is against “requiring” the post-dated cheques as a condition of the tenancy.

Cheque Bouncing Cases – Legal Solutions

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