Legal Question in Credit and Debt Law in Maryland
Post Dated Check
I am paying my car payment late, I have been told that I have to write a post dated check to the company, even though I gave them a date that I would pay the bill. They say I must not have good intentions if I will not send a post dated check. I refused to send the post dated check, what can they do to me?
Asked on 6/29/04, 2:36 pm
1 Answer from Attorneys
G. Joseph Holthaus III
Law Offices of G. Joseph Holthaus
Re: Post Dated Check
If a bank pays against a post dated check then it does so at its peril except where the depositary agreement shall say otherwise. A bank will have no liability when paying an instument that is properly payable. Despite an overdraft, post dated checks are permitted in Maryland.
Answered on 7/05/04, 1:09 am