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Old 2008-03-01, 08:30 AM   #6
NY Jester
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^^^

The above is absolutely not true. The party who wrote the check is responsible for the funds that the check is written for no matter the date. Post dated checks are a courtesy between friendly parties...in most cases an agrement not to cash before so and so date. But in reality the check itself is a legal tender, a "marker" if you will for monies due.
The statute was changed in the late 90's where a bank does not have to honor a post dated check, unless the writer of the check notifies them much like a "stop" check payment. The bank is also not liable for any insufficient funds because of cashing of the check either.

Quote:
Post-dated Checks Statute Change
On August 1, 1996 the state Statutes regarding post-dated checks were changed. A bank may now pay a post-dated check before the date on the check unless the customer notifies the bank not to pay it.

The notice is similar to a stop payment order. The notice must reasonably describe the check and give the bank a reasonable opportunity to act on the notice. A bank may by agreement with its customers modify these terms
This is not so much to say deposit it before the 3rd..just that a post dated check doesnt really hold value any longer..but to be safe Id wait the days until the written date to be sure you protect yourself from any charges. Because even if after the date written on the check was honored, you really have no recourse to recoup the cash should tey be short.
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