However, if the tenant writes the check with the intent to have funds in the account on the date that the check is postdated for, there is no intent to commit fraud or pass a worthless check and therefore no illegal activity has technically taken place.Accepting a check that is postdated may provide the tenant with a legal defense that negates criminal intent even if the check doesn't clear.But just about anything with the right signature on it is properly payable, including post-dated and overdrawn checks.Post-dated checks are a risky form of do-it-yourself credit.
The fact that you are holding a check that will be presented to the bank for payment on a specific date places a burden on the debtor to have funds on deposit when the check is presented. In the event that the check is dishonored and the customer is sued, the existence of the check makes it harder for the customer to argue that the debt was never owed. Even if a post dated check is not honored when it is first presented, there is always the possibility that the check will clear at its second presentment, or that the creditor can tender the check to the debtor's bank on a collection basis.Technically speaking, because I mail my check in, isn't this post dating it? My response: First of all, postdating a check is not "illegal." However, if you read the Uniform Commercial Code, a bank will take a check regardless of the date.So, if you've postdated a check, and the payee cashes the check, that's the date the funds will be taken from your account - - or if there are insufficient funds, then you'll be in hot soup.The following question was submitted to John Roska, an attorney/writer whose weekly newspaper column, "The Law Q&A," runs in the Champaign News Gazette. The person didn’t wait to cash it like he was supposed to, and my bank paid it, which caused several other checks to bounce.Am I responsible for all the bounced check fees, since the checks wouldn’t have bounced if the bank had waited like it was supposed to before cashing it?