So if it is ignored why is it there?

kcnychief

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I got a ticket about two weeks ago, and I mailed in my check for the fee rather than debating it - mostly because I knew I was guilty :p

Thing is though, I ALWAYS put the date of the due date on my check, so they can't cash it until it's due. I like to hold onto my money until they need it :smoker:

This has never been a factor, but they cashed the check like 2 days ago - when the date on the check says 4/13 - what gives?

I'm going to call my bank later, but isn't that illegal? I know you can't cash checks 90 days after the date, so I would think that field does have some value.

Anyone have any insight?
 

madmatt

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Actually Derek, I think it is illegal to do what you did. Hold onto it and mail it closer to the due date (have it postmarked if you are worried).
 

kcnychief

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I'll have to review that link above.

I wasn't worried at all, I have the money, I just don't like paying for stuff until it's due. I don't get any benefit of paying something off early in this case, those ****ers can wait :p

I'm going to call my bank shortly, will post what they say. Why would you think it's illegal Matt?
 

fitz

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they are not "supposed" to.. but it is not illegal to do so.

Unless you made prior arrangements with the debt collector (preferably in writing) that you are sending them a post-dated check, they are under no obligation not to deposit your check.

Banks process many thousands of checks daily (even small banks) and won't check every post-dated check. Most banks will cash a post dated check for the reason that they can not check every date on every check. What is more, you probably agreed to allow them to cash it in the "fine print" of the agreements you signed when you opened the account.

edit:
check 21 doesn't change post dated check laws. It deals with a faster clearing which makes it harder for people to "float" a check since the check's clear faster. Prior to check 21, the bank that accepted the deposit would need to send the physical check to one of the fed's clearing houses which then forwards the physical check to the bank of the check writer to verify the funds (thus you had a float of several days before the money would be pulled from your account). Check 21 allows electronic transmissions of check images and/or electronic clearing of funds allowing the float to diminish to roughly the next day before the funds are withdrawn from your account.
 
Last edited:

madmatt

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I thought I remembered hearing something about it here in NY. I'm probably wrong.
 

American Zombie

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check 21 doesn't change post dated check laws
Not directly but it had a big influence on many states changing their statute pertaining to post dated checks. Check 21 was being developed all the way back in the early 90's. Many states made changes (at the state level) about check cashing to ward off problems when 21 became law. Best to check with your bank as they most likely know the statute for your state or you can find out at your state's government pages.

Example
 

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