Legal Question in Banking Law in New Jersey

Post Dated Check

I post dated a check to my dentist on Sept 29 for Oct 16, and I was assured that they would not deposit until 10/16, well, today, they deposited it that evening on 09/29, it went into my account on 10/01, even though I wrote on the date area ''Post Dated 10/16/08'' , needless to say, it has totally messed up my account. I was told by the bank that it is illegal to post date and that they do not have to check the date on ''personal'' checks that once a check is written you are telling the person you are giving it to ''go get your money''. I never heard any of this before. If I go to the bank with my payroll check the day before the date written, they won't honor it, and tell me to come back tomorrow. Why is it different for my personal check?


Asked on 10/01/08, 4:13 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Post Dated Check

The bank is wrong. There is nothing unlawful about post-dating a check and both the bank of deposit and the payor (your) bank are responsible for noting and acting on the information on the check including the date. It may be unlawful for the dentist to present the post-dated check to the bank for payment, but there is nothing wrong with your writing it.

Additionally, the post-dated check in the hands of your dentist is the equivalent of a promissory note. It is a promise to pay at a later time. By accepting the check, the dentist impliedly promised not to negotiate it until the agreed-to date. So, the dentist owes you any fees that you may incur because the check was deposited early. If it were me, I would deduct them from any replacement check.

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

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Answered on 10/01/08, 5:26 pm


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