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Is Postdating a Check Legal?

I owe a collection agent for credit card debt. The agent wants me to postdate a check, which I refused to do. Is it legal for the collection agent to be adamant that I postdate a check? I understand they are told all the time the check is in the mail, however I refuse to be pressured in postdating a check for any one, when I know I do not have the funds to cover it!

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Postdating a check is not uncommon. Whether it is a wise practice is a separate matter. In some states if you write a postdated check, it may be cashed at any time, unless you notify the bank of its existence. The bank will then watch for the check up until the date it is scheduled to pay. Likely, they will charge you a fee for this. That may be funds you don't have.

If the person holding the check runs it to the bank without your permission and without your notice, the bank may process the item regardless of the date. We don't encourage the use of post dated checks, but we do encourage making solid payment arrangements with collectors of valid debts and communicating with them when you say you will.

Published on BankingQuestions.com 2/16/10