Are Post-Dated Checks Legal?


Quick Answer

According to Legal Match, it is legal to write a post-dated check; however, legal options are limited if the check is cashed early. In addition, if you accept a post-dated check that does not clear, most states do not apply check fraud laws to post-dated checks.

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Full Answer

According to Nolo, unless you give your bank reasonable notice not to pay the post-dated check until the given date, the bank can cash it when it is presented. According to the Consumer Financial Protection Bureau, this notice is valid for up to six months.

Debt collectors and creditors often ask for post-dated checks or payments. The Fair Debt Collection Practices Act prohibits debt collectors from cashing post-dated checks early, states Nolo. In addition, if a creditor cashes a payment early, a complaint can be filed with the Federal Trade Commission.

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