Post dating a personal check
The law says you have to describe the check “with reasonable certainty,” and give the bank enough time to have "a reasonable opportunity to act.” Therefore, although it's not generally a good idea to write post-dated checks, the careful writer of post-dated checks will notify his bank as soon as possible about his post-dated check. Don’t be surprised if the bank charges a fee for having to be extra careful.If you do like you’re supposed to and tell the bank about a post-dated check, and the bank still pays it before the date on the check, the bank can be responsible to you for the losses.
In the United States and the UK, post-dated cheques are negotiable instruments and can be drawn upon at any time, while in India and Australia post-dated cheques are not payable until the date written on the cheque. (1) Where a cheque, or any indorsement of a cheque, is dated, the date shall, unless the contrary is proved, be presumed to be the day on which the cheque was drawn or the indorsement made, as the case may be.Personal checks (and other “negotiable instruments”) are covered by provisions of the Uniform Commercial Code (“UCC”), a set of model laws first developed in 1952 by some of the top legal scholars in the U. The drafters of the UCC intended to create a single body of regulation to uniformly cover commercial transactions, particularly interstate transactions.This goal addressed the concern that having 50 different sets of state laws governing such transactions would cause confusion, conflict, and delay in interstate commerce.Fraud of any type requires a misrepresentation that the victim relied upon.You did not misrepresent anything, because you truthfully told the tech support contractor that funds were not immediately available but would be on the date that you post-dated the check.