Postdating check illegal illinois
Punishment for perpetrators varies from state to state, but includes fines, probation and imprisonment, depending on the severity of the fraud, as well as restitution to the person, people or entity defrauded.
In fact, under Section 4-401 of the Uniform Commercial Code, a bank may pay a postdated check before its date unless the customer has give the bank notice of the postdating.Notice should be given in the same manner as a stop payment.If a bank charges the customer's account before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. In most instances this would mean you would have to: If you suffered losses because your bank cashed the check, despite you giving reasonable notice, then you should speak with an attorney to discuss your rights and remedies.If you choose to accept a postdated check, you run the risk that the person who wrote the check could close their account before you deposit the check, or that their account will not have sufficient funds when you deposit the check.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. How can a prosecutor win a guilty verdict if the prosecutor must prove that the defendant had the intent to defraud the recipient of the postdated check?
If you won’t have the funds available at the time the check is written, you might consider postdating the check.
For instance, if you’ll be out of town when rent is due, but don’t have the funds to pay rent early, you might postdate your check.
However, in some circumstances if you give the bank reasonable notice, they will be prevented from cashing it until the date on the check.
In order to prevent your check from being paid until the date you wrote on the check, you must give the bank reasonable notice of the postdating by describing the check with reasonable certainty before the bank receives the check.
You can land in legal trouble if you intentionally postdate a check knowing there will be no money in your account or the account will be closed by the check's date.