Not Dated
Can you deposit a check a day before the check is dated for?
Yesterday I went to the bank to DEPOSIT a check that was dated for the next day. I NEEDED to do this because time is very limited for me latley. The lady told me she can’t help me because it was dated for tomorrow. I did not want to cash the check I just wanted to deposit it in the account and have the money in there when ever it cleared. It was a personal check, from my boss. What is the difference of going to the ATM and depositing a week before or going in the bank and depositing it a day before. I should be able to deposit a check whenever i want right? Or no? The lady at the bank was annoying so i want to complain to her boss if she told me she couldn’t help me just being lazy.
Also I’ve cashed probably a total of 150 checks the day before the date on the check…
In the Uniform Commercial Code 4-401 it explains that banks can in fact cash post dated checks and it is the customers (person who wrote it) responsibility to call the bank to be sure it’s not cashed. The actual code is as follows:
4-401
(c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty.
Unfortunately in your case it says may and not must. This is a case of the bank making a decision which is probably the best one for the bank. It is not illegal for the bank to cash this check as others have stated but most banks will probably not cash it as it may create problems for their customer.
If you deposited it in the ATM it would be cashed almost guaranteed because it wouldn’t be checked for post dating prior to deposit and it’s not illegal for the bank to process it unless the writer contacted the bank to formally request this. This is a case of writer beware.
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This entry was posted on Monday, July 16th, 2007 at 9:34 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.