Post dating checks legal
who really stops at a stop sign when no other car is coming or slows down at a yellow light?
In Missouri and/or Kansas, the date on a check is indeed to be the date it was written, and a post-dated check is not a valid document.
If there's a payment problem and it goes to court, the payee is out of luck.
The District Attorney will not prosecute for its payment.
(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.(Commercial Code § 4404) There is no law that prohibits a check writer from postdating a check (giving it a date in the future).However, a bank has no duty to respect that limit, and may pay the check in advance of its stated date, unless the customer gives notice to the bank of the postdating, describing the check with reasonable certainty.It's no longer a good defense to say that you placed the amount owing in the mail on the due date.If the amount doesn't reach the creditor by the date due, again, you're on the hook.I pre-date checks all the time and the bank won't cash them until the said date, but that is in TX.Don't know if it is legal or not, but then again...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".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.So while I don't believe it's illegal to write one, the check itself is "not legal" in terms of being something you can successfully sue for.High Soci, I've never heard of "pre-dating" a check either.