Legal Question in Banking Law in New Jersey

I gave a window company post dated checks roughly a year ago for window installation and each check was post dated on the 7th of each month for $200.00 per month. 4/7/2015, 5/7/2015, 6/7/2015, 7/7/2015 and 8/7/2015. Just found out today that the window company deposited all of the checks and they came out of my account on 3/10/2015. Contacted the window company today and they are out of business. I called the bank and they told me it is illegal to write post dated checks and told me there is nothing I can do.


Asked on 3/13/15, 7:03 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

It is not unlawful for you to write a postdated check but the bank does not have to honor the date. A crime is committed if you write a check without having the expectation that the funds will be available when it is presented. So, you have not committed a crime but the bank is off the hook. If your account is overdrawn, the bank is within its rights in asking you to make up the balance. If cashing the checks has taken money that you intended for other things, you take the loss -- at least for now. Your recourse is against the window company if you can find them. There are a number of different causes of action that you might have. I suggest that you meet with a lawyer in your area that handles remodeling and consumer fraud claims.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/13/15, 2:31 pm


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