The following question was submitted to John Roska, an attorney/writer whose weekly newspaper column, "The Law Q&A," runs in the Champaign News Gazette. The person didn’t wait to cash it like he was supposed to, and my bank paid it, which caused several other checks to bounce.
Am I responsible for all the bounced check fees, since the checks wouldn’t have bounced if the bank had waited like it was supposed to before cashing it?
However, if the tenant writes the check with the intent to have funds in the account on the date that the check is postdated for, there is no intent to commit fraud or pass a worthless check and therefore no illegal activity has technically taken place.
Accepting a check that is postdated may provide the tenant with a legal defense that negates criminal intent even if the check doesn't clear.
But just about anything with the right signature on it is properly payable, including post-dated and overdrawn checks.
Post-dated checks are a risky form of do-it-yourself credit.
There is nothing illegal, inappropriate, unlawful, unethical, unprofessional, or unconscionable about a creditor asking a customer to issue a post dated check, nor is there any reason a customer cannot issue one or a series of post dated checks to clear a past due balance.
The bank’s not responsible, since the law lets banks cash post-dated checks before the date on the check.
You could go after the person you wrote your check to, on the grounds that he broke an agreement to hold off on cashing the check.
As a result, the transaction is not considered as issuance of a "bad check" since the creditor released the merchandise or performed the service in reliance of the check writer's promise to pay at some later date rather than in reliance of the check's negotiability.
Therefore, the protections offered to creditors under the various "bad check" laws may not apply.