Is post dating checks illegal in illinois
Some of the biggest banks, for example, note specifically that they can honor checks that are made out for future dates.
The Uniform Commercial Code, a collection of business laws adopted or adapted by many states, gives financial institutions the right to process a correctly written check with a future date.
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The intent to defraud and knowledge of insufficient funds is required to be present by most states' bad check laws. It is not necessary for the payee to have actually been defrauded.
In most states statutory provisions provide that it is prima facie evidence of insufficient funds (or of intent to defraud) if: (a) the check was not paid by the drawee (bank) on presentation for payment and (b) the drawer did not pay the check within a specified number of days after written notice to the drawer of dishonor of the check.
If the check goes through, you’ll pay an overdraft fee.
If it doesn’t go through, the recipient might charge you late fees and a bounced-check fee. “From a criminal law perspective, there is nothing inherently illegal about postdating a check,” says Eric Hintz, a criminal defense attorney at Hintz & Welsh in Sacramento, California.
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The bank receiving a stale check can return the check to the paying bank marked unpaid, request a new check be issued or consult with the person who wrote the check.