CONTENT

  DEPARTMENTS



  DETAILS
Legend for Icons
 Article    Q&A

 Podcast  Video

 Blog  Discussions

PDF    Powerpoint
BankingQuestions.com Web

  Home >> Checks/Money Orders >> Checks You Wrote  
Postdated Check a Promissory Note?

I wrote a postdated check to someone who was supposed to hold it for five days. It came back NSF. What are the laws for postdated checks? Someone told me that a postdated check is more a promissory note and not punishable under bad check laws.


Unless your state has not adopted the 1990 revisions to its version of the Uniform Commercial Code, a bank can ignore the fact that a check is postdated unless the issuer of the check contacts the bank, calls the postdating to the bank's attention, and specifically asks that the bank not pay the check until the date on the check or that payment be stopped on it. The bank must treat the first option as a short-term stop payment, and may assess its normal stop payment fee. Whether issuing a postdated check against insufficient funds is treated under the law differently than issuing a currently-dated check against insufficient funds will be a matter considered under state laws.

Published on BankingQuestions.com 8/18/09