Postdating check illegal

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In the United States, national banks are permitted to pay checks even though payment occurs prior to the date of the check.

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.

The post-dated cheque is not payable till the date which is shown on the face of the said document.

It will only become cheque on the date shown on it and prior to that it remains a bill of exchange under Section 5 of the Act.

" Sorry, Charlie, but you'd be on the hook for those fees. Secondly, "mailing" a payment on a bill is a "convenience".

It's no longer a good defense to say that you placed the amount owing in the mail on the due date.

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.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.In Serbia post-dating cheques is a customary practice in the retail industry.In the United Kingdom, post-dating a cheque carries no legal weight and so such a cheque can be cashed before the due date.However, a bank may refuse to honour a cheque if the post-date is noticed; otherwise, the payer has no right to take any form of legal action against the bank for letting the cheque be processed.

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