Postdated Checks: Are They Legal? Is It a Waste of Time?
If a check writer doesn’t want the payee to be able to cash a check immediately, they may choose to postdate it: On the date line, they would simply write in a future date. This can be helpful if someone needs to deliver a check before they have the funds necessary for the check to clear in their account.
Postdated checks are usually legal, unless they are being used to defraud the recipient. Learn more about how this payment process works and why some people postdate checks.
Key Points
• Postdated checks are typically legal in the U.S., but laws vary by state and they can be illegal if intended to defraud the recipient.
• Writing a postdated check involves filling in a future date, ensuring that the payee cannot cash it until that date arrives.
• If a postdated check is cashed early and there are insufficient funds, it may incur overdraft fees for both the check writer and the payee.
• Alternatives to postdated checks include scheduling online payments and setting up payment plans with businesses to avoid cash flow issues.
• Understanding the legal implications and alternatives can help individuals make informed decisions regarding the use of postdated checks in financial transactions.
What Is a Postdated Check?
When someone writes a postdated check, they fill in a future date on the check instead of the current date. A payer might do this so a check can’t be deposited until that later date (when they’ll have the funds available in their checking account).
This process can come in handy if you want to mail a check to pay a bill before it’s due. Say the bill is due on the 19th, but you are mailing it on the 15th. You might postdate it for the 19th. You know the check needs a couple of days to arrive and then be deposited. This can also be a good move if you know your paycheck hits on the 17th and will help cover the check.
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Are Postdated Checks Legal?
Usually, postdated checks are legal in the U.S., but it’s worth verifying the rules in the state where the check writer lives. Note that these guidelines may not cover cashier’s checks or traveler’s checks, which have their own rules and limitations.
Also worth mentioning: If a check is postdated with the intention of defrauding the recipient, then it could be illegal. Since postdating is sometimes used in this way for fraudulent purposes, think twice before agreeing to accept a postdated check, especially from someone you don’t know well.
Recommended: How to Verify a Check Before Depositing
How to Write a Postdated Check
Writing a postdated check is the same as writing any other check. You fill out the name of the payee, the amount of the check in words and numbers, a memo if you like on the line at the lower left, and sign the check.
The only difference is that instead of putting the current date in the space on the right, you put a future date. This date is often just a few days or a week in the future.
Example of a Postdated Check
If today’s date were September 1st, 2024, and you wanted to write a check for $100 to your friend Susan Jones to repay her for a loan, here’s how you might postdate it:
• You would write “Susan Jones” after the “Pay to the Order of” wording.
• Next to it, to the right, in the space with the dollar sign, you’d write, “100.00”
• Under that, you’d fill out “One hundred and 00/100 cents” on the line for the amount in words.
• You can add a memo at lower left, if you like, such as “loan repayment.”
• Now, for the postdating part: If it’s September 1st but you don’t want the check to be cashed until the 5th, you’d write “September 5, 2024” on the date line at upper right.
The idea here is, you don’t want Susan to deposit the check until the 5th, even though the current date is the 1st.
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What Happens When a Postdated Check Gets Cashed Early?
Generally, the payee has to wait to cash a postdated check until the date specified on the check arrives. That being said, some financial institutions may cash a check prior to that date.
• If there are sufficient funds in the check writer’s account, the check will be paid.
• If there isn’t enough money to cover the check’s amount, the check will be returned. This typically incurs overdraft or NSF (nonsufficient funds) fees, possibly for both parties.
For this reason, even if a bank or credit union is willing to cash a postdated check before the date written on the check, the payee may be better off waiting to cash it. The odds are that the payer added a postdate because at the time they didn’t have the funds available in their account to cover the check.
Recommended: How to Sign Over a Check to Someone Else
Alternatives to Postdated Checks
Check writers who want to buy some time until a deposit to their account clears have other options besides postdated checks.
• Online and Automatic Bill Payments: One option for making future payments without having to postdate a check is to go digital. The payer can go online to schedule a bill to be paid on the exact date of their choosing. As a bonus, there’s no need to order checks or manage a checkbook with this payment method.
Also, at your request, some businesses — including mortgage, utility, and credit card companies — can change the due date of your monthly bill to one of your choosing. For instance, if you get paid on the first of the month, you can request that the due date of your rent or mortgage payment always be three days later. That way, you can set up automated bill pay without worrying about your transaction clearing.
• Payment Plans: Before you consider postdating a check to avoid overdrawing your checking account, ask if the business will offer you a payment plan. Some companies will allow individuals to make smaller, incremental payments over time rather than one big payment. Make sure to find out first if the payment plan involves a fee or interest.
The Takeaway
A postdated check is the same as a standard check, but instead of putting the current date on it, the check writer fills out a future date. This is often done with the intention that the payee will not cash the check until that future date, when funds are available.
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FAQ
What is the meaning of a postdated check?
A postdated check is filled out with a date in the future. The meaning is that it is not intended to be processed until the future date written on it.
Are postdated checks illegal?
No, it’s generally not illegal to postdate a check. That said, it’s a good idea to learn about the laws governing postdating checks in your area. Postdating a check can be considered a crime if the payer’s account does not have the required funds to process the check and if they intended to defraud the payee when they issued the postdated check.
Can a postdated check be returned?
If a postdated check is deposited (whether before or after the date on it) and there aren’t sufficient funds to cover it, the check may be returned unpaid.
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