Legal Question in Banking Law in New Hampshire
Depositing a rent check early
The management company deposited my rent check 5 days prior to the date that was written on the check. The check cleared but several misc. debit purchases came through and I was charged over $200 in bank fees. Is the managerment company responsible for reimbursin gme for the bank fees? If the check had been dep. on the date written on the check I wouldn't have had a problem.
1 Answer from Attorneys
Re: Depositing a rent check early
I believe that the law requires a check to be valid on the date it is presented unless there is an agreement to the contrary. under new federal guidlines, checks are cleared electronically when they are deposited (thus eliminating the 2-3 days it used to take to mail them around the area/country). If you have an agreement with the management company to accept "post dated" checks and hold them until the date written on them, you may have a cause of action in small claims.
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