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Home >> Checks/Money Orders
About the Function of Dates on Checks
Does the date that is written on a check have any affect on when it clears the account? In other words, if a check has a date on it that is one month from now, and it gets presented to the bank prior to that date, does it clear the account? What is the law with regard to this? Why is there a date on checks?
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 The realities of check processing are such that most checks are handled without anyone scrutinizing the dates on them, so the law has adapted to those realities. Here's the way things stand now.
Checks that are dated in the future can legally be paid by the banks on which they are drawn without regard to the date, unless the issuing depositor contacts the bank and notifies it of the future date and requests that the check not be paid early. The bank that catches a future-dated check also has the option of refusing to pay it until the date on the check is reached. Because of the uncertainly, if Bank B notices a future date on a check drawn on Bank A, Bank B is likely to refuse to cash the check or accept it for deposit until the date on the check is reached. This is particularly true in the case of checks drawn by insurance companies, who often include a statement in the endorsement area of their checks that they require the payee's endorsement on or after the check date.
Banks also have options with regard to payment of checks that are over six months old. A bank can refuse payment on such a check, or, if there is no effective stop payment on file, pay the check. If you've heard that banks can't pay checks over six months old, that hasn't been true for many years.
Published on BankingQuestions.com 7/30/09
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