Is postdating a check illegal in virginia
He receives checks from some renters on the 28th or 29th of the month that are dated for the first of the next month.
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.Other states, such as West Virginia, place the responsibility of avoiding the premature deposit or cashing of a postdated check on the recipient of the check.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.If a bank does pay a postdated check before the check’s date even though it has received proper notice from the customer, the bank is liable to the customer for any loss resulting from the bank prematurely paying the check. § § 11-4-401, 11-4-403) West Virginia law contains several prohibitions addressing early payment of postdated checks.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.Such means include depositing or threatening to deposit a postdated check before the date on the check. You may have grounds to file a legal action to recover any harm you suffer as the result of the premature cashing or depositing of the check.
Idaho’s unfair collection practices statute contains a provision identical to the federal notification provision pertaining to checks postdated by more than five days.
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.
In identifying the type of conduct forbidden under this broad prohibition, the statute provides a non-exhaustive list of specific actions that a debt collector may not undertake; three of these specific actions pertain to postdated checks.
If it doesn’t go through, the recipient might charge you late fees and a bounced-check fee. “From a criminal law perspective, there is nothing inherently illegal about postdating a check,” says Eric Hintz, a criminal defense attorney at Hintz & Welsh 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.
A debt collector who commits one of the prohibited collection practices faces civil penalties.