Post dated check still cashed early | TigerDroppings.com
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b-rab2
LSU Fan
Lafayette
Member since Dec 2005
10363 posts

Post dated check still cashed early

My rent check was post dated for March 1st, yet it was cashed on Feb 26. How can they do this?


Kingwood Tiger
LSU Fan
Katy, TX
Member since Jul 2005
13351 posts

re: Post dated check still cashed early
You gave them a check.....you should consider it cashed as soon as you give to them. You are not supposed to post date a check, and the bank doesn't have someone checking every check for the date.


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Vols&Shaft83
Tennessee Fan
Throbbing Member
Member since Dec 2012
26385 posts

re: Post dated check still cashed early
quote:

My rent check was post dated for March 1st, yet it was cashed on Feb 26. How can they do this?


Checks are hardly ever processed manually any more, in order to get them to possibly pay attention to the date, you'll have to attach a post-it note. And even then, they may not listen.

You could try to dispute an overdraft fee, you may or may not be successful.


b-rab2
LSU Fan
Lafayette
Member since Dec 2005
10363 posts

re: Post dated check still cashed early
thanks


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Catman88
LSU Fan
Baton Rouge, LA
Member since Dec 2004
41327 posts
Online

re: Post dated check still cashed early
You do know its illegal to write a check when you know there are no funds to cover right?

Its also perfectly legal for a bank to cash a post dated check. Many banks will refuse them if they notice. Its considered legal tender so if they dont notice the date they will run it. If you wanted to post date a check you need to contact your bank and tell them that they need to wait on the payout and there may be a fee.


b-rab2
LSU Fan
Lafayette
Member since Dec 2005
10363 posts

re: Post dated check still cashed early
Yeah I messed up by transferring some money out and into another account


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slackster
LSU Fan
Houston
Member since Mar 2009
7441 posts

re: Post dated check still cashed early
quote:

Its also perfectly legal for a bank to cash a post dated check.


This. Even if the bank clearly sees that it is post-dated, they are under no obligation to wait to cash it.


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Herb484
LSU Fan
Texas
Member since Jan 2009
486 posts

re: Post dated check still cashed early
I worked at Wells Fargo while in college. No way the bank should have cashed it. That is the whole point of dating the check in this situation.


slackster
LSU Fan
Houston
Member since Mar 2009
7441 posts

re: Post dated check still cashed early
quote:

Generally, a bank is permitted to cash your check when it receives it, even if the check is paid before the date on the check and even if it causes the check writer to incur bounced-check fees.

The only way you can spare yourself from having the check cashed early is by notifying the bank in advance. The law requires you to describe the check with reasonable certainty, including providing your account number, the date on the check, the check number and amount, and the name of the person or company named on the check. And you have to make sure you provide all this information before the bank receives the check. The problem, however, is writing a postdated check may violate your customer agreement with the bank.

That means you may be able to keep a specific check from being cashed, but the bank could also force you to close your account. The whole thing can get very messy. My advice: Avoid writing postdated checks. If you do, make sure the person you give it to can be trusted - and understands exactly when to cash the check.


LINK


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Catman88
LSU Fan
Baton Rouge, LA
Member since Dec 2004
41327 posts
Online

re: Post dated check still cashed early
quote:

I worked at Wells Fargo while in college. No way the bank should have cashed it. That is the whole point of dating the check in this situation.


And you would be completely wrong


LSURussian
LSU Fan
Member since Feb 2005
85148 posts

re: Post dated check still cashed early
quote:

I worked at Wells Fargo while in college. No way the bank should have cashed it. That is the whole point of dating the check in this situation.



And you would be completely wrong


Aren't the laws regarding post-dated checks different in different states? If he worked for Wells Fargo that may not have been in Louisiana.

Also, he may be confusing his bank's policy versus the law.


Catman88
LSU Fan
Baton Rouge, LA
Member since Dec 2004
41327 posts
Online

re: Post dated check still cashed early
In all 50 states if proper notification isnt given its legal to process the check. The date field is not proper notification. If the OP gave notification THEN it becomes a which state are you in ordeal.


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Blastoise
New Orleans Pelicans Fan
Pallet Town
Member since Feb 2010
1652 posts

re: Post dated check still cashed early
I work at a bank. I don't cash post dated checks under any circumstances, but as other people have pointed out, it is easy to miss one or two of them.

I think you're pretty likely to get any oferdraft fees refunded if you talk to the right person ad aren't a dick. Who do you bank with?


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