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.
But if the consumer gives notice to the bank, the institution must only wait 14 days before processing the note – even if that happens to be before the date on the check.
Upon receiving a postdated check, the recipient (such as a merchant or wholesaler) will provide the goods or services. In such cases, the defendant’s admission, if believed, would provide the required proof of the defendant’s criminal intent to defraud the victim with a postdated check.
But, what if the recipient attempts to cash the postdated check at the future date, but the check bounces? A person writing a postdated check may violate the law if the check is returned by the bank to the recipient because the maker’s account does not have the funds on deposit necessary to cover the check. What about cases involving postdated checks where direct evidence of the defendant’s knowledge or intent to defraud does not exist?
“Since we were still short a few hundred dollars, why not cover most of the payout, and send a postdated check for the rest later on,” she tells Consumerist.
“[The dealer] would deposit the postdated check as stated, right? And because the bank processed the check before the date she’d written, M.’s account was overdrawn and she was hit with fees by her bank. to provide a postdated check, it also wasn’t illegal for the dealership to deposit the check or for the bank to take out the funds needed to cover that check, regardless of the date.