Is postdating a check illegal in alaska
The notification not to pay the postdated check until the check’s date is valid for six months; however, if the customer’s notification was made verbally without also putting it in writing, the customer’s notification remains valid for only 14 days.
For example, if the customer verbally informs the bank on May 1 that the customer has written a check with the date June 1, the bank will not be liable if it pays the check on May 15.
Where the recipient accepted a check knowing that it was postdated, West Virginia law requires the recipient of a postdated check to, upon the request of the check’s maker, pay the fees and any other costs resulting from the early cashing or depositing of the check.
For violating any of these postdated check provisions, the maker of the postdated check may file a lawsuit against the check recipient seeking to recover the amount of the check and any fees or costs caused by the premature cashing or depositing of the postdated check. Code § 46A-6-110) Federal law addresses the early cashing and depositing of postdated checks in the context of debt collection practices.
A few weeks ago, however, I wrote a check and got a nasty surprise in my bank account.
Debt collectors are prohibited from depositing or threatening to deposit a postdated check prior to the date on the check.
A debt collector may not accept a check postdated by more than five days unless the debt collector notifies in writing the check’s maker of the collector’s intent to deposit the check.
The law also prohibits the recipient of a postdated check from intentionally cashing or depositing the check prior to the check’s date if the recipient represented that postdating the check would prevent the check from being deposited or cashed prior to the check’s date.
The same law disallows an organization from making the same representation but then cashing or depositing the check without reasonable procedures in place to prevent the premature cashing of the postdated check.