Is predating a check legal


28-Jul-2015 22:48

Anytime criminal prosecution is threatened, it is wise to consult with an attorney, whether to ease your concerns about your own actions or to determine if the person threatening is engaging in extortion.

And, seeing an attorney early may aid you in clearing up this matter before it blows up into something more complicated and expensive.

Fraud of any type requires a misrepresentation that the victim relied upon.

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I pre-date checks all the time and the bank won't cash them until the said date, but that is in TX.Laws about this sort of thing vary from state to state though I've never known of a state where it is legal.I can say with certainty that it is illegal in Pennsylvania, New York and Virginia. I thought to post-date something was to write the date as 15 Dec.A negotiable instrument can be made payable “on demand” or “at a definite time.” (UCC § 3-104.) A post-dated check is an order to pay the bearer at a definite time in the future.

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Although it is legal to post-date a check, the bank to which the check is presented for payment may charge the payor’s account even before the date of the check and even if doing so creates an overdraft.

He supposed that it is illegal because it misrepresents when the check was signed, much as it would be on a notarized document. (That is if the bank is doing their job)High Soci I've never heard of "pre-dating" a check.



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