The New York Daily News notes that a bank can cash a post-dated check on the date it is received, unless proper notification is given by the account holder. In the event the bank cashes the check early, the account holder may be liable for any fees incurred.
Criminal Defense Lawyer reports that the laws governing cashing post-dated checks vary by state. In Georgia, account holders are required to inform the bank of a post-dated check prior to the bank receiving it in order to not be held liable for the check being cashed early. If an account holder gives vocal notice, the notice is valid for 15 days. If notice is given in writing, the notice is valid for six months. In West Virginia, the law requires that the recipient of a post-dated check not deposit the check before the date or pay any resulting penalties to the account holder, such as overdraft fees.