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Is it right for the bank to cash one of your checks even though its been postdated until october 1st?

I clearly stated on my check "cash UNTIL the date thats shown" and the date that was shown was October 1st, and I called tonight to know my balance and found out I was overdrawn 250 dollars from the check I had sent to my evil stepmom and dad for the LOT/property I had bought from them. I don't think its fair that now the bank will want to charge me an overdraft fee, why didn't the teller read before cashing, I just sent it 3 days before the date because my dad had promised he was going to wait until the first of every month to cash it and it wasn't true. I don't know how they can be like that if they have alot of money and its not like their dieing of starvation, infact my evil stepmom told me she gets WIC ilegally even though my dad earns 85,000 per year, plus what I give them per month. What would you do if you were in my shoes? I think from now on i'm going to send them the check late.

Answer Question
 
Anonymous

Asked by Anonymous at 12:45 AM on Sep. 29, 2010 in Money & Work

Answers (10)
  • I would no longer send checks. I would do a transfer into their account on the 1st of every month. This way they cant take it to soon.
    Shelii

    Answer by Shelii at 12:49 AM on Sep. 29, 2010

  • I would call the bank. They shouldn't have cashed it-it legally should be invalid til the 1st!
    NicolesMommy

    Answer by NicolesMommy at 12:52 AM on Sep. 29, 2010

  • Unfortunately it is illegal to post date a check and the bank is not obligated to not cash the check. If i were you I wouldn't trust them again. I would also anonymously report them to WIC. That is taking away from a child that really needs it.
    bcauseimthemom

    Answer by bcauseimthemom at 12:55 AM on Sep. 29, 2010

  • I agree with bcauseimthemom, it's actually illegal to post-date a check...the bank isn't responsible especially now that ATM deposits are more and more advanced and they don't read the date...
    stringtheory

    Answer by stringtheory at 12:58 AM on Sep. 29, 2010

  • It's always been illegal to post-date a check from what I've heard. I would talk to your parents and ask them why they cashed the check? Maybe it was an oversight or lack of communication between the two of them. I wouldn't get angry at them until you know what happened and why! They may even cover it for you since it was their mistake. It couldn't hurt to ask! (though it is perfectly acceptable for you to be angry in general!)
    mbdc

    Answer by mbdc at 1:11 AM on Sep. 29, 2010

  • I would definitely ask them why they did that. BUT get in writing (AND notarized) that they are going to wait til the first of the month to cash your checks. Family sucks when mixed with business trust me!! I would threaten to turn the MIL in for fraud with the WIC stuff. That's just flat out wrong! Tax payers shell out enough for people who sit on their butts. We don't need to be paying for someone who shouldn't be getting that in the first place. That's called abusing the system.
    Carrielayne

    Answer by Carrielayne at 1:25 AM on Sep. 29, 2010

  • You can't post-date a check - as soon as it's presented to the bank they have the right to process it. I'm sorry you had to go through this, I wouldn't send them a check until after the date it's due.
    Scuba

    Answer by Scuba at 8:48 AM on Sep. 29, 2010

  • I am really sorry that this happened, but they probably have it listed in their (fine print of) policies and procedures that they will cash all checks post-dated or not. They have the right to cash all checks, post-dated or not.
    CoCoMom89

    Answer by CoCoMom89 at 9:41 AM on Sep. 29, 2010

  • Banks do not have to honor a postdate on a check. Once you sign it, it is considered legal tender. Sucks, but if you ask just about any bank, they'll tell you the same.

    In the future, I would send them money orders so you don't overdraft. The $1 or so fee is MUCH less than an NSF fee.
    geminilove

    Answer by geminilove at 12:41 PM on Sep. 29, 2010

  • http://www.bankingquestions.com/checkingaccounts/q_postdating.html

    "There is no law that prohibits the issuance of a post-dated check; however, there are laws against issuing checks when you know that you don't have funds to cover them. Whether a particular state's bad-check law would make an allowance for the fact that a check was postdated is something you need to check in your own state....That's because it's legal for your bank to pay a check even when it's postdated, unless you've taken the extra step to contact the bank and put it on notice about the postdated check, and requested the bank not to pay it until its date."
    coder_chick

    Answer by coder_chick at 2:20 PM on Sep. 29, 2010

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