Legal Question in Civil Litigation in Texas
Post Date Checks
My Dentist accepted a Post-Dated Check for some Dental work that he did for me. I specifically asked him if I could post-date the check for payday.
Instead, he put the check through causing my bank account to bounce with $100 dollars in bounce fees.
I asked the Dentist if he would re-imburse me or give me credit in the amount of $100.
His answer was No.
Basically, Sorry, tough luck.
Can I file suit against him in small claims court?
Thanks...James
2 Answers from Attorneys
Re: Post Date Checks
No. Never give post-dated checks under any set of circumstances. The bank is not bound by the date on your check. In a suit against the dentist, it will be your word against his.
Re: Post Date Checks
You can bring suit, but you'd lose. The date on a check is immaterial, and a post-dated check can legally be cashed immmediately.
Never give a post-dated check and hope they hold off on cashing it.
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