Legal Question in Banking Law in New Jersey

As between the maker and the payee (you), most state treat postdated checks as promissory notes. So, the maker is not liable for anything that happens if you try to negotiate the check before its due date. However, the maker is responsible to ensure that the funds are available if you deposit the check on or after the date on the check. If your bank is not paying attention and takes the postdated check for deposit, it has a similar problem which may come back to you if you have withdrawn the money.

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