Is post dating checks illegal in illinois
If the check goes through, you’ll pay an overdraft fee.If it doesn’t go through, the recipient might charge you late fees and a bounced-check fee. “From a criminal law perspective, there is nothing inherently illegal about postdating a check,” says Eric Hintz, a criminal defense attorney at Hintz & Welsh in Sacramento, California.The bank receiving a stale check can return the check to the paying bank marked unpaid, request a new check be issued or consult with the person who wrote the check.For example, XYZ Company submitted a series of checks to Raw Material Services, Inc.
The date when the check is presented to be cashed or deposited in a bank account is known as the payment date.But you can ask your bank to delay cashing a specific check, and, depending on your state and the bank, it might comply.If you write a check and don’t have enough money in your account when it’s cashed — whether or not it’s postdated — your bank can cover the payment or let the check bounce based on its overdraft practices.Pursuant to the Uniform Commercial Code Act, the bank that Raw Material Service, Inc.elects to deposit the checks to can refuse to cash these checks and may return them to the issuing bank. can request that their bank reconfirm payment rather than returning the checks as unpaid.