Is postdating a check illegal in texas
He called the bank the other day and stated that he mailed a post dated check to someone and if we allowed that item to clear his account before the date on the check, we would be liable for the funds coming out of his account.He stated that he just learned in a class of his that if he gave the bank notice of this check, we were accountable if we allowed the item to clear his account before the date on the check.Financial institutions now send digital pictures of checks to other financial institutions, so they can be cashed more quickly.“In short,” says Mathew Dahlberg, a financial advisor at Main Street Investments in Kansas City, Missouri, “if you don’t have the money in your checking account, then don’t write the check! The article Postdating Checks Is a Waste of Time — Here’s Why originally appeared on Nerd Wallet. And because the bank processed the check before the date she’d written, m.’s account was overdrawn and she was hit with fees by her it certainly wasn’t illegal for tion for a class a felony carries a maximum of 60 years in prison and a ,000 addition to criminal penalties, state laws authorize civil fines for writing bad checks.(colo.Find out about check fraud penalty charges and deborah a crime been committed? A person writing a postdated check may violate the law if the check is returned by the bank to the recipient because the maker’s account does not have the funds on deposit necessary to cover the receiving a postdated check, the recipient (such as a merchant or wholesaler) will provide the goods or services.However, I think it is unlikely he would suffer any damages by its early payment.
If he gave notice, reasonably describing the check, but you paid it prior to the date on the check, your bank would only be liable for damages, if any, caused by paying the check prior to its date.I am not sure, but I think many banks charge for this service. If the law student has no intention of ever honoring the check, or if it is written against non-sufficient funds and no attempt is ever made to make it good, then it could be construed to be illegal.If he paid a bill with that check, he may also have breached an agreement he has with a creditor.Hintz says that only criminal intent, such as intentionally not having enough money for a payment, can be grounds for check fraud.
Consider these three strategies: » MORE: How to cancel a check It’s risky to rely on postdating or processing delays to ensure your check clears.Of course, this is too extreme just to teach him a lesson, but, if either of the propositions in the first sentence of the preceding paragraph is true, you may not want him as a customer.