Does Postdating A Check Prevent Anybody From Depositing It Early? Because of automatic re re payments and online banking, a lot of us seldom (if ever) write checks, but an incredible number of People in the us nevertheless pull their checkbooks out every single day to pay for their bills

Compliment of automatic re payments and online banking, a lot of us hardly ever (if ever) write checks, but scores of People in the us still pull away their checkbooks every single day to cover their bills.

That they aren’t deposited or cashed until after that date because they might not always have enough money in their accounts on the day they write those checks, some folks will postdate their checks so. Regrettably, the truth is that there’s generally speaking no real responsibility to honor the date on a check. They aren’t legally required to honor the request to postpone processing a transaction unless certain conditions are met by the check issuer although it might not seem right for a bank or credit union to disregard the date written on a check. Consumerist audience M. recently discovered this the hard method when her bank processed a postdated check weeks before she’d meant. M. had delivered the check to a vehicle dealership to pay for the residual $1,500 payout caused by switching in a vehicle that is leased of routine. “Since we were still short a few hundred bucks, why don’t you cover a lot of the payout, and deliver a postdated look for the others down the road,” she informs Consumerist. “[The dealer] would deposit the check that is postdated reported, right?” Incorrect. And as the bank processed the check prior to the date she’d written, M.’s account ended up being overdrawn and she had been struck with costs by her bank. Whilst it certainly wasn’t illegal for M. to give a postdated check, it also wasn’t unlawful for the dealership to deposit the check or even for the financial institution to simply just take out of the funds had a need to cover that check, whatever the date. That’s because as soon as a check is finalized it becomes appropriate tender, and, in line with the customer Financial Protection Bureau, banking institutions and credit unions can generally utilize unique discernment whenever determining when you should process a check – all without reference to your check’s printed date. The way that is only possibly avoid a postdated check from being prepared early would be to allow everybody else involved understand in advance — as well as in a structure that goes beyond simply postdating the check. Needless to say, also this preventative measure isn’t foolproof, as guidelines governing banking institutions differ from state to mention dependent on the 2 forms of notification provided, the CFPB claims. In a few states, then the notice is valid for up to six months if a consumer gives the financial institution reasonably timed written notice about a postdated check before the check is received. Which means the financial institution must wait to cash the re payment before the date reported in the paper or until 6 months is up, whichever comes first. If the consumer offers dental notice to the lender, the organization must just wait week or two before processing the note – whether or not that occurs to be ahead of the date from the check. Also, the time that is only bank may be held accountable for processing a postdated check ahead of the indicated date is when that notice continues to be legitimate. In which particular case, the CFPB claims the institution may might be regarding the hook to pay for damages including the price of overdrafts as well as other charges. Customer advocates whom talked with Consumerist state that while there are lots of reasons some body might think it is a good clear idea to make use of a postdated check, it is perhaps maybe perhaps not generally speaking suggested. Pamela Banks, senior policy counsel for the universities at Consumers Union, informs Consumerist that delivering a postdated check could be an indicator towards the receiver that the check-writer is with in serious economic straits. She claims that lots of those who become dropping into predatory lending traps like pay day loans also have utilized postdated checks to try and push away loan companies. Rather, customers could look for alternate measures such as a small-dollar loans from the credit union or community bank, inquire about a pay advance from their company or work-out a payment plan aided by the business or person they’ve been spending. As well as comprehending the dangers and potential problems with supplying a postdated check as re re re payment, customers ought to be cognizant that it’s unlawful to deliberately compose a check that is bad. In M.’s situation, it appears it had been certainly “at the bank’s discretion” to process the re re payment with regards to had been gotten. Nevertheless, she informs Consumerist that the lender in concern decided to eliminate the fees that are overcharge as a consequence of the specific situation.

Editor’s Note: This article initially showed up on Consumerist.