Is postdating a check illegal in virginia
I work at a 24-hour call center for [large corporate bank].
At least once a day, I get a call from somebody who has written a post-dated check, had the payee cash/deposit it before the written date, and is incensed that the bank would honor the item.
Stating it like that makes it sound like corporate policy, which your average American consumer seems to view as highly negotiable (and, furthermore, they regard endless bitching as the primary means of discussion).
They tend to react somewhat differently, however, when smacked upside the head with the cold, hard word of Law.
In fact, the info about it here seems to take it as a given that it's quite legal: 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.
People don't respond to that, or if they do, they respond with contempt.
A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty.
The notice is effective for the period stated in Section 4-403(b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in Section 4-303.
If I ever see notation to that effect on an account, though, I'll be sure to keep it in mind.
and search [u]bad checks[/i] you find no reference to post-dated checks. To me, it seems that the Uniform Commercial Code requires the bank to honor the post-dating if the customer has given notice to the bank.