Is post dating checks illegal in california

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.(f(4)) "The presentation of a postdated check is not subject to the civil or penal sanctions" that would normally apply to someone who wrote a check with insufficient funds because the postdated check promises "to discharge a present obligation at a future date" and that money would be available to meet the debt when the check is cashed.Should the question arise the check is "postdated", there should be no problem if the debtor wrote the words "postdated" above the date of any of the checks submitted, however, without this kind of documentary evidence, it may be difficult for the debtor to prove the checks were "postdated".There is a down side to accepting post dated checks...If a creditor accepts a post-dated check in exchange for merchandise or services, in many jurisdictions the seller is considered to have extended credit to the issuer of that check.As a landlord, collecting a check that has been postdated could be dangerous.

(Commercial Code § 4404) There is no law that prohibits a check writer from postdating a check (giving it a date in the future).A judge might have to see whether the checks given in evidence bear sequential serial numbers, or appear to have been written at the same time. Special rules apply if a check postdated by more than five days is given to a debt collection agency or a creditor who regularly collects its own debts.The payee must give notice to the check writer at least three days, but not more than ten days, prior to depositing.There are several advantages to taking postdated checks in settlement of an account balance including these: 1.The fact that you are holding a check that will be presented to the bank for payment on a specific date places a burden on the debtor to have funds on deposit when the check is presented. In the event that the check is dishonored and the customer is sued, the existence of the check makes it harder for the customer to argue that the debt was never owed. Even if a post dated check is not honored when it is first presented, there is always the possibility that the check will clear at its second presentment, or that the creditor can tender the check to the debtor's bank on a collection basis.Now, I learn that he immediately tried to cash the check and it was refused by the bank! But, in general, it is not a crime to post-date a check.

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