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A postdated check is one that is written with a future date indicated on it. This is usually done to account for an anticipated delay in deposit. For example, you may decide you would like to postdate a check if you are sending in a bill payment earlier than the due date.
The FDCPA says that it's illegal for a debt collector to take a check that is postdated by more than five days, unless the consumer is notified in writing of the debt collector's intent to deposit the check between 10 and three days prior to the deposit.
The working of a post-dated cheque is quite simple. Like any other regular cheque, fill out the required. However, instead of adding the current date in the date section, add the date when you want the cheque to be deposited or cashed. The date you add to the cheque acts as a timer for the payee.
Accept a check or other instrument post-dated by more than five days, unless the collector notifies the consumer, in writing, of any intention to deposit the check or instrument. That notice must be made not more than ten (10) or less than three (3) business days before the date of the deposit.
?From a criminal law perspective, there is nothing inherently illegal about postdating a check,? says Eric Hintz, a criminal defense attorney in Sacramento, California. Hintz says that only criminal intent, such as intentionally not having enough money for a payment, can be grounds for check fraud.