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It is legal to write a post dated check. The Uniform Commercial Code allows it. The UCC is the banking or commercial agreement for all 50 States plus DC and most territories. New Jersey may have its own banking laws but they will follow the UCC fairly closely.

A post dated check does not become negotiable until the date written on it.

http://www.law.cornell.edu/ucc/3/article3.htm#s3-113

Your bank may (and most likely will) accept a prematurely cashed check without pause. They are allowed to do that. under UCC 4-401.

BUT

It is illegal to present (cash) a post dated check. If cashing a postdated check early causes you an overdraft, then you may chase after the payee (who the check was made out to) for the damages.

http://www.helpwithmybank.gov/faqs/banking_check_cashing.html

WARNING

Asking the payee to cover your damages may cause other problems so play carefully. If this is someone you need to keep on the good side, such as your landlord, you might just have to swallow the pain, but try talking to him and ask that they no longer cash your check early.

Other payees might just like to drag it out, such as a mortgage company. Unless you have an express contract to allow them to cash a check on receipt, they can't. They might give you stories about policy and it is written on the back, etc, they would still have to show you agreed to those conditions.

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