The loss may include damages for dishonor of subsequent items under Section 4-402. You're writing a future date on the check, not past, to ensure that the check will not be deposited before that day.Keep in mind that this may change from place to place, since not every country has the same rules.Isn't that basically what I've done by writing in the date?The Federal Reserve tells people that "By law, your bank may not pay a check from your account unless you authorized that payment." When I postdate a check haven't I just told my bank I have not authorized payment until a certain date?You would need to send a notice of postdating to your bank describing the check.This doesn't prevent the recipient of cashing the check, but it does prevent your bank from charging your account until the date you specify NOTE: This may be considered a form of stop payment, and you may be subject to the fees noted by your institution.
Vermont does something similar and I'm sure other states do, too. [because] there is no language in the statutes which can be interpreted to exclude postdated checks, or [because] even though such instruments are not checks, they are drafts, and drafts are covered by the statutes. Of course, it may be difficult to prove that the check-writer knew that he wouldn’t have money to cover the check on the assigned date – and if the state were able to prove that, it likely could charge the check-writer with obtaining property by false pretenses. 812 (1942) (“[T]he fact that [the writer] had an agreement with the [payee] not to deposit [certain checks immediately] would not exculpate him from having issued checks . rule should apply on these facts, as “[t]here is no essential difference between a postdated check and one given with the understanding or agreement that the same shall be held and presented by the owner at a future date”). The sweeping language in , though, I wonder, whether a distinction could be made between a situation where the check-writer genuinely expects to have the money to cover the check on the date he assigns, and a situation where the check-writer knows full well that he will not have the money to cover the check on that date. There may be an argument that in the latter type of case, the check-writer does “know at the time of the making” that he doesn’t have, and won’t have, sufficient funds to cover the check. knowing at the time he did not have sufficient funds.”).So as a practical matter, postdated checks don’t do what you want them to do.For example, Wells Fargo’s account agreement states: Dying with outstanding checks The death of the check maker has no bearing on the validity of the check.