Postdating a check law

When you are up against a bad checks charge, even before your first hearing you will be facing a determined prosecutor.

You need an attorney who will stand by you every step of the way, work hard to discredit any evidence – and work with you to determine your best course of action.

In Georgia, a bank may pay a postdated check before the date on the check unless the customer who writes the check notifies the bank of the postdating and sufficiently describes the check.

The notification not to pay the postdated check until the check’s date is valid for six months; however, if the customer’s notification was made verbally without also putting it in writing, the customer’s notification remains valid for only 14 days.

In other words, a customer who has properly notified the bank of the postdated check can sue the bank for cashing the customer’s postdated check before the postdate if the bank’s action causes the customer loss, such as causing other checks to bounce. The West Virginia Code prohibits a person from requesting or accepting a postdated check while intending to deposit or cash it before the date written on the check.

Bdend-1g /* Trending Now */ /* Center Rail */ #ya-center-rail .profile-banner-default .ya-ba-title #Stencil . Bgc-lgr #ya-best-answer, #ya-qpage-msg, #ya-question-detail, li.ya-other-answer .tupwrap .comment-text /* Right Rail */ #Stencil . Bxsh-003-prpl #yai-q-answer, #ya-trending, #ya-related-questions h2. Fw-300 .qstn-title #ya-trending-questions-show-more, #ya-related-questions-show-more #ya-trending-questions-more, #ya-related-questions-more /* DMROS */ .A debt collector may not accept a check postdated by more than five days unless the debt collector notifies in writing the check’s maker of the collector’s intent to deposit the check.The written notice must be provided at least three but no more than ten business days prior to the collector depositing the check.For violating any of these postdated check provisions, the maker of the postdated check may file a lawsuit against the check recipient seeking to recover the amount of the check and any fees or costs caused by the premature cashing or depositing of the postdated check. Code § 46A-6-110) Federal law addresses the early cashing and depositing of postdated checks in the context of debt collection practices.The suit may also seek the imposition of a civil penalty against the check recipient in an amount not less than 0 but not greater than

Bdend-1g /* Trending Now */ /* Center Rail */ #ya-center-rail .profile-banner-default .ya-ba-title #Stencil . Bgc-lgr #ya-best-answer, #ya-qpage-msg, #ya-question-detail, li.ya-other-answer .tupwrap .comment-text /* Right Rail */ #Stencil . Bxsh-003-prpl #yai-q-answer, #ya-trending, #ya-related-questions h2. Fw-300 .qstn-title #ya-trending-questions-show-more, #ya-related-questions-show-more #ya-trending-questions-more, #ya-related-questions-more /* DMROS */ .

A debt collector may not accept a check postdated by more than five days unless the debt collector notifies in writing the check’s maker of the collector’s intent to deposit the check.

The written notice must be provided at least three but no more than ten business days prior to the collector depositing the check.

For violating any of these postdated check provisions, the maker of the postdated check may file a lawsuit against the check recipient seeking to recover the amount of the check and any fees or costs caused by the premature cashing or depositing of the postdated check. Code § 46A-6-110) Federal law addresses the early cashing and depositing of postdated checks in the context of debt collection practices.

The suit may also seek the imposition of a civil penalty against the check recipient in an amount not less than $100 but not greater than $1,000. The federal code broadly prohibits debt collectors from using “unfair or unconscionable means” in collection efforts.

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Bdend-1g /* Trending Now */ /* Center Rail */ #ya-center-rail .profile-banner-default .ya-ba-title #Stencil . Bgc-lgr #ya-best-answer, #ya-qpage-msg, #ya-question-detail, li.ya-other-answer .tupwrap .comment-text /* Right Rail */ #Stencil . Bxsh-003-prpl #yai-q-answer, #ya-trending, #ya-related-questions h2. Fw-300 .qstn-title #ya-trending-questions-show-more, #ya-related-questions-show-more #ya-trending-questions-more, #ya-related-questions-more /* DMROS */ .A debt collector may not accept a check postdated by more than five days unless the debt collector notifies in writing the check’s maker of the collector’s intent to deposit the check.The written notice must be provided at least three but no more than ten business days prior to the collector depositing the check.For violating any of these postdated check provisions, the maker of the postdated check may file a lawsuit against the check recipient seeking to recover the amount of the check and any fees or costs caused by the premature cashing or depositing of the postdated check. Code § 46A-6-110) Federal law addresses the early cashing and depositing of postdated checks in the context of debt collection practices.The suit may also seek the imposition of a civil penalty against the check recipient in an amount not less than $100 but not greater than $1,000. The federal code broadly prohibits debt collectors from using “unfair or unconscionable means” in collection efforts.

,000. The federal code broadly prohibits debt collectors from using “unfair or unconscionable means” in collection efforts.

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