Is postdating a check illegal in texas
Whether a post-dated cheque may be cashed or deposited before the date written on it depends on the country.A Canadian bank, for example, is not supposed to process a post-dated cheque and if it does so by mistake, the cheque writer may ask their bank to correct the error.The amount of a single bad check or the total of multiple checks, not the type of charge, determines the potential legal consequences.Consequences range from a Class C misdemeanor to a first class felony.Many state in their terms and conditions that post-dated cheques should not be written, while some include a note at the front of chequebooks, saying post-dated cheques should not be written.There are no specific rules on how banks deal with post-dated cheques if they are paid in before the due date.This same rule applies if the writer stops payment on the check.There is no waiting period for filing charges against a person who writes a check against a non-existent bank account, but the recipient must file charges with the District Attorney or Justice of the Peace office within 30 days of receiving the check.
A state felony charge carries the potential for 180 days to two years in a state jail, and a fine of up to ,000.
If a Canadian financial institution inadvertently accepts and processes a cheque before the due date, the cheque writer may ask his or her financial institution to return the amount until the day before the cheque should have been cashed.
A "post- dated cheque" is only a bill of exchange when it is written or drawn, it becomes a "cheque" when it is payable on demand.
In the United States and the UK, post-dated cheques are negotiable instruments and can be drawn upon at any time, while in India and Australia post-dated cheques are not payable until the date written on the cheque. (1) Where a cheque, or any indorsement of a cheque, is dated, the date shall, unless the contrary is proved, be presumed to be the day on which the cheque was drawn or the indorsement made, as the case may be.
(2) A cheque is not invalid by reason only that- (a) it is not dated; (b) it is antedated or post-dated; or (c) the date it bears is a Sunday.