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Ask the cashier, or better yet a manager, if writing a postdated check would be an acceptable form of payment. Do not be surprised if they do not allow it even if it is in line with state laws. Banks and credit unions generally state rules about postdated checks in their account disclosures. Some of the biggest banks, for example, note specifically that they can honor checks that are made out for future dates. A debt collector may not accept a check postdated by more than five days unless the debt collector notifies in writing the check’s maker of the collector’s intent to deposit the check. The written notice must be provided at least three but no more than ten business days prior to the collector depositing the check.

• Under Georgia law, proof of any of the above-listed conditions will satisfy the intent element of the crime that is necessary for a conviction.
• In states that have not adopted the UCC, post-dated checks may be unenforceable.
• The date section should include a future date that you would prefer the check be deposited or cashed on.
• After that, the bank or credit union can cash the check before the date you wrote on it.
• “From a criminal law perspective, there is nothing inherently illegal about postdating a check,” says Eric Hintz, a criminal defense attorney in Sacramento, California.

For example, Walmart charges a maximum of $4 to cash checks worth up to $1,000, up to $8 to cash checks worth more, and up to $6 to cash checks made out to two names. These are generally considered good rates; some check-cashing services charge as much as 6% of the check amount. In some cases, the issuing bank may charge you a fee to cash the check if you don’t have an account there. However, many banks will waive non-customer check cashing fees if it’s a check that the bank issued and can verify. Your best options remain banks, credit unions, and check cashing stores if you need to cash a post-dated check right away. The check writer is waiting for money to be deposited or for another check to clear before the payee will be able to cash the check without overdrawing the writer’s account.

Credit Unions

Banks have different policies for how long they will continue to monitor to prevent premature payment. If the payment is rejected, your bank is generally responsible for covering any overdraft charges that occur. When this happens, you can receive additional consequences through your bank such as getting your account closed, or steep fees. If your check is cashed prior to the postdate, and funds are not available, be prepared for a headache and additional fees. Many bigger banks, however, will honor postdates as part of banking agreements. Be sure to check with your bank about specific account disclosures for more information.

If that’s the case, it’s best to keep the funds available in your account for at least six months. There is no guarantee that a bank will honor a request to release or hold funds for a postdated check, but it depends on the bank. There are a few ways to give your bank reasonable notice that you have written a postdated check.

• There are many standalone check-cashing companies nationwide, most of which typically charge a percentage-based fee.
• The problem is that if you are postdating a check, you already don’t have the funds for the check, let alone the fees.
• So you date the check a few days in advance — also called postdating it — hoping your paycheck will clear by then.
• A check is payable upon demand unless you submit a formal post-dating notice with your bank, possibly for a fee.
• Financial institutions now send digital pictures of checks to other financial institutions, so they can be cashed more quickly.

The deposit slip must be given to the teller along with the check for the deposit to be completed. Stopping payment on a check is usually possible anytime before the check has been cashed. Once the check has been cashed by the recipient, you won’t be able to make a stop payment with the bank.

Can You Cash a Postdated Check Early?

First, let’s take a look at some possible reasons why you would want to postdate a check. If you are concerned about overdrafting — and you’d rather not deal with a returned check and your landlord’s ire — consider switching to a bank with a solid overdraft policies. All of these charge lower than average overdraft fees and offer free ways to avoid that fee while still paying your bills. You’re writing a check to your landlord, but you don’t have enough money in your account.

Is it illegal to post-date a check?

You can try and deposit or cash it, but you risk the check being rejected by your bank or possibly returned from the issuing bank. Before trying to cash or deposit an outdated check, consider reaching out to the check writer and ask for a replacement check. If you’ve issued a check that has yet to be cashed, you can contact the recipient to see if they still have the check and intend to cash it. If they still want to cash the check, offer to write them a new one — just make sure you get the old check back first, or put a stop payment order on it. This could help you avoid any surprise fees because of negative balances. If you have the option, it is best to avoid writing postdated checks.

Can I cash or deposit a stale-dated check?

When you write a check, you are essentially giving the payee’s bank permission to take the money out of your account when the check is presented for deposit as discussed above. The funds won’t actually be transferred until the check clears, which can take a few days. These types of post dated checks can serve as electronic proof of a business transaction in the event that accounting records become lost or damaged.

A personal or business check that’s older than six months is technically considered stale, but that doesn’t mean it’s void, a bad check or that your bank won’t honor it. It simply means the financial institution has the option to refuse the check. A “check” is a negotiable instrument intended for immediate negotiating, NOT as a promissory note). While big retailers like Walmart don‘t offer the service, cashing post-dated checks is still very feasible through banks, credit unions, and check cashing stores. Just because it’s legal to write a postdated check doesn’t mean things will work out the way you intended.

Our partners cannot pay us to guarantee favorable reviews of their products or services. The Uniform Commercial Code (UCC) governs the use of post-dated checks in interstate commerce. In states that have not adopted the UCC, post-dated checks may be unenforceable. Treasury (a federal tax refund, for example) are good for 12 months after the date they’re issued. A check from a state government is generally valid for six months to a year, though that can vary by state. Let’s look at what to know about stale-dated checks and what you can do if you’re holding onto one.

As member-focused organizations, credit unions aim to be more flexible in serving needs like post-dating. Post-dated checks create a risk for the cashing entity (in this case Walmart). The risk is that sufficient funds may not be in the account when the post-dated check clears on the future date. This would leave Walmart holding the bag on any checks that bounce. Instead of writing today’s date on the check like the proper way you were taught, you write in a future date. When you write a check that goes uncashed, you may wonder what to do.

A defendant also will have to make restitution to the victim for goods or services received with the bad check. The idea behind a postdated check is that the issuer of the check is giving payment for goods or services at the time services are rendered or at the time of receiving a goods. However, they are requesting that the check not be deposited until a later time. If you do not want us to pay a stale-dated
or postdated check, you must place a stop payment order on it. If you don’t have a local bank and the issuing bank doesn’t have a branch nearby, another option is to use a check-cashing service. These services are offered by standalone check cashing companies as well as money service counters at retailers such as Walmart.

To cash a check, you’ll either need to visit a bank where you are an existing account holder or, in some cases, a branch of the bank that issued the check. You can also cash many checks at check-cashing businesses or retailers that offer check-cashing as a service, though either of those options will incur fees. You should also check your state’s laws and your bank or credit union’s policy before writing a postdated check.

We do not endorse the third-party or guarantee the accuracy of this third-party information. We believe by providing tools and education we can help people optimize their finances to regain control of their future. While our articles may include or feature select companies, vendors, and products, our approach to compiling such is equitable and unbiased. The content that we create is free and independently-sourced, devoid of any paid-for promotion. Curious as to what happens when I defy the concept of post-dating, I checked with banks to their rules on the matter.

When someone writes a check intending not to cover it, they can be guilty of a theft crime. Some states might have a specific name for the crime such as theft by deception, passing bad checks, or negotiating a worthless instrument (checks are a type of “negotiable instrument”). Whether the crime is a misdemeanor or a felony often depends on how much money was involved. The six-month time frame generally applies to personal and business checks — including payroll checks.

In other words, if you have the intent of defrauding someone by intentionally writing a check, knowing you will not have the funds on the postdate, it’s illegal. When you pay someone by check, your payee must deposit or cash the check to collect the payment. … If a check is destroyed or never deposited, the money remains in the payer’s account. Someone who doesn’t have the money to cover a check on the day it’s written might post-date the check so it isn’t cashed until they have the funds. On the line specified for the date of the check, the person writes in a future date, with the expectation that the check won’t be cashed until that date or after. So, if you’re expecting a payment and want to use that money to pay bills or make purchases, you can go ahead and write another check or use a debit card.