Postdating check illegal ny

Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand.Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.

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In some cases bad checks that were post-dated may not fall under the bad check laws are either because post- dated checks are not payable on demand.

A postdated check that has bounced may not constitute fraud or fall within the scope of the bad check laws in New York.

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.

Unfortunately, you may have a difficult time demanding payment by the bank, or claiming that the writing of the bad check was done with the intent of committing fraud, since most states refuse to recognize postdated checks as check fraud.

Last modified 12-Sep-2019 23:40