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By Peter FollowillContributing Author. Postdating a check refers to writing a check but putting a future date on the check instead of the date that the person writes the check. People typically postdate checks intending that the recipient not deposit or cash the check until a later date, because payment is not due until that later date.

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Under Colorado law, it is a crime to pay with a check knowing that you do not have enough money to cover the funds. In this article, our Colorado criminal defense lawyers will address:. A person that issues or passes a check for the payment of money, knowing that the issuer does not have sufficient funds with the bank for the payment in full of the check at the time of issuance has committed the crime of issuing a bad check. To be convicted the person issuing the check has to know they do not have enough to cover the funds. You may not be pd to know the check was bad if you post-dated the check or money order.

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One noteworthy topic had post dating check Colorado do with post-dated checks and what happens to them when you attempt to deposit or cash the checks before the date written on them. Curious as to what happens when I defy the concept of post-dating, I checked with banks to their rules on the matter.

When you post-date a check, you put a future date on the check with the idea that the recipient does not deposit it until that written date. However, I do expect to have those funds by the date written on the check. So, I post-date the check so that the check recipient knows not to deposit that check until that date. I turned to Wells Fargo and Chase to help me answer that question.

Quick answer: Surprisingly, if a deposit is attempted, the post-dated check will go through the clearing process as normal. Wells Fargo. I called a Wells Fargo branch to inquire about what would happen to the post-dated check if I am the person writing the check.

If you wanted to avoid it, you should stress it to the person that receives the check, or just give the check to them when you actually have the money in your .

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Upon further investigation, I found a clause in the Wells Fargo consumer agreement that states:. So, Wells Fargo may actually try to process the check, regardless of the date that is written on the check. Then, I spoke with a friend who happens to be a Chase bankerwho generalized what a teller would do if a customer came in to deposit or cash a post-dated check before the date shown. If there are multiple occasions of failed check deposits, the bank could even close your and report you to ChexSystemsa consumer reporting bureau that tracks negative banking history. There are no guarantees that the recipient will do the right thing by depositing the check on or after the date shown.

Ideally, give the check only when you have the funds to cover the check amount. Have you ever deposited a post-dated check before the date shown? What happened did you ever encounter any post dating check Colorado with it? Advertiser Disclosure: Many of the offers appearing on this site are from advertisers from which this website receives compensation for being listed here.

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These offers do not represent all options and credit cards available. Credit score ranges are provided as guidelines only and approval is not guaranteed. Find out if post-dated checks will be accepted by bank's earlier than the specified date intended for deposit. By Simon Zhen Updated: Jun 10, Continue Reading. Compare Best s Now. Simon Zhen is the senior research analyst for MyBankTracker.

He is an expert on consumer banking products, bank innovations, and financial technology. Let me tell you about TD and how screwed i am because the mobile app isn't smart enough to know what a post dated check is.

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Nobody could or has been able to provide any kind of input or help. TD has never attempted to contact myself or my fiance to resolve this issue, literally I was ignored and all of a sudden im being hit with collections, for something that was clearly stated by Ashley doesn't happen.

I literally just left my other bank because of completely senseless activities that were going on that they couldn't figure out for the life of them ing the TD Branch in hopes that i would actually have a reliable financial institution, cash my first paycheck and end up getting screwed anyway.

This article discusses general laws about checks, postdating, and fraud.

This is literally just one situation that I have with this bank, I don't want to get into how bad they screwed my grandmother's and my t because for some reason, your only allowed one profile. Suppose there is no Money in the bank of issuer when a post-dated cheque is presented to the bank before due date by the holder, there is no criminal offence for issuer. As far as I know, in India, if bank pays for post-dated cheque before due date, the bank is responsible for the payment.

Might be your only chance to get paid.

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Wells Fargo won't allow deposit of a post-dated check. I want to deposit my paycheck the day before the date on the check. However, I'm wondering about doing it via the mobile app one day before the date of the check? I normally don't want to use the mobile app because, unlike when I go to the branch, no monies are immediately available.

But I'm wondering if in the case of a one-day postdated check, it may be to my advantage to use the mobile app? If I deposit today, will the money or even part of it be available tomorrow, which is the date of the check? You are also required to notify your bank that a check is post dated stating the date of the check, checkpayee, and amount.

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Contact the landlord and ask why it is a month late? You do have tenant rights. Almost everything in banking is instant and customers have no say in their rules. Wish I could avoid using banks entirely. Not only do you risk getting hit with the fee, you'd have to go through the trouble of getting your landlord to issue another check. As noted in the articles, post-dating a check doesn't really do much. You may be able to get your phone company to issue a credit to your that is equal to the insufficient funds fee.

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Doesn't matter if money is dropped in the within hours of processing the post dated check. When I called to protest they said the date on the check means nothing. They normally take the fee right from your direct deposit. If they closed the and sent the deposit back, how are they going to still post it when it's sent back if the is closed? I'm confused. I called a few local banks for the hell of it. They told me the date, amount, ature, etc are all parts of the check that the tellers are responsible for checking to make sure everything is correct.

They are held responsible if they deposit with a date after the present business day, date after 90 days, no ature or if the amount written doesn't match the s there may have been some other things but I can't remember. I guess some banks don't think Billions are enough for them They are very strict about that.

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What idiot would even try to deposit it knowing the funds probably aren't even in there! Umm, there's a reason the check was post dated. Rather than getting the money on the post date, you aren't getting it until the other person gives you a new check. Due to the fee they have to pay, it probably set them back so you will now have to wait until they have the money again. Now a whole new payment process begins just to get your money. So, if you take a posted dated check, wait until that correct date or just wait and have them give you the check when the money is in!

I feel like I should be able to deposit it since it's overdue anyway, but after reading this article it seems like I shouldn't risk the fee for a bounced check. One is a bank not accepting post dated cheques from another bank being deposited, the other is the same bank letting one of its own post dated cheques be processed. Two completely different transactions.

Postdated checks & criminal law

It was a corporate check from my family company I know for a fact there was plenty of money to cover the check but they didn't even try the denied the deposit and I had to wait a week for a replacment check from the bank in the mail. It is likely that a teller would reject the deposit until the date on the check.

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Have you tried mobile check deposit or ATM deposit? Many people find these two methods to be a way to get the bank to accept the check. Of course, this isn't a guarantee for Santander. I have tried depositing them twice since I opened the and both times was refused and they were at two different branches which were far away from each other which implies that it is a company wide policy and not just a case of one teller at one branch refusing to take it.

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You should see the check in the system by the next business day -- it could still take some time to clear. My question is, my check will get bounce or bank will reflect it on november 5? It may still pay out any checks that are written by its customers.