Can a bank do this?

Discussion in 'Credit Talk' started by camracrazy, Aug 29, 2003.

  1. camracrazy

    camracrazy Member

    I have a question about post-dated checks. Is it legal for a bank to cash the check before the date on the check, and then charge you a NSF fee?
     
  2. sirrowan

    sirrowan Well-Known Member

    Did the people who cashed the check notify you that they were going to cash the check?

    Was this a collection agency?

    I could be wrong, but I don't think that the bank can be held liable for this. I say this from memory of a conversation that I had about 2 years ago with my old bank.

    If it was a CA who deposited the check before the date on the check, they are supposed to notify you of this, something like 3 days ahead of time.

    I hope that someone else has a little info for you.

    Good luck.
     
  3. jlynn

    jlynn Well-Known Member

    Need more details.
     
  4. SDBoy

    SDBoy Well-Known Member

    In my states (SD and MN), the banks can and do cash them.

    The checkwriter cannot be prosecuted for insufficient funds crimes if the check bounces however.
     
  5. PIMA

    PIMA Active Member

    From what i understand, once a bank is presented with the check they can and will honor it. This is a reason to NEVER give a collector a post dated
    check(s). Your account will be immediately tapped.
     
  6. GEORGE

    GEORGE Well-Known Member

    No bank is required to 'HOLD' a check till a certain date when presented before the stated date on the check...

    NO NSF PROBLEM EITHER
     
  7. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Can a bank do this?

    No bank is required to 'HOLD' a check till a certain date when presented before the stated date on the check...
    RODNEY
    ==============
    But
    What about the payee?????

     
  8. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: Can a bank do this?

    "IF" I give LB59 a check for $100.00 with the written understanding that he will not cash it before SEPETEMBER 22, 2003...then LB59 IS THE BAD GUY "IF" HE CASHES IT...you could go after LB59...but NOT the BANKS involved...
     
  9. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Can a bank do this?

    That's what i thought too
     
  10. cannoda

    cannoda Well-Known Member

    Re: Re: Re: Can a bank do this?

    Doesn't the bank have a check sitting in fromt of them when they decide to bounce it? A check is an order from the account holder to didsburse funds from their account. A check presented for payment prior to the date on the check would have to involve some time travel. How is a bank not liable when they attempt to pay a check that is not valid at the time of presentment?
     
  11. camracrazy

    camracrazy Member

    Ok, you're going to laugh, but I'm not talking about a bill or a collection agency... my mom did it!! LOL I wrote her a check, and thought I made it clear for her not to cash it until the next day... postdated it...... then she cashed it the same day. I was just mad about the $23 fee, especially since, in my thinking, the check was not valid until the date I posted on it.
     
  12. jlynn

    jlynn Well-Known Member

  13. lbrown59

    lbrown59 Well-Known Member

    I have a question about post-dated checks. Is it legal for a bank to cash the check before the date on the check, and then charge you a NSF fee?
    camracrazy
    =================
    Laws regarding NSF Checks are one of the most abused laws by banks and all other creditors.
    How can there be A legitimate fee on available funds? This is one of the many abuses. !



    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  14. lbrown59

    lbrown59 Well-Known Member

    I could be wrong, but I don't think that the bank can be held liable for this.
    sirrowan
    ==============
    How can there be any NSF on available funds?
    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  15. Cathy

    Cathy Well-Known Member

    Well I actually read the account disclosure book that they give you at the bank and the bank in it basically reserves the right to do this. But then, just because they have the supposed RIGHT to, doesn't MAKE it right though if it were me, i'd be more concerned about whoever I wrote the check to trying to cash it before the date.
     
  16. Butch

    Butch Well-Known Member

    BUWAHAHAHAHA !!!

    Thank's Crazy. I needed that.

    :)


    .
     

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