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Post date a check means that you write a check on a day and mention the date of a future day in the check.

i.e., let's say I give you a check today 22 January 2011 and write the check date as 15 February 2011. This is post dating a check. This means that you cannot cash the check until 15th February 2011 and until then the check is of no value.

Post Dated checks are perfectly legal as long as the person who receives the check does not cash it before its due date.

Please note: If you send a post dated check in to ,say your mortgage company!! They are NOT going to look at the date! They will send it on to the bank, If it is early..... it will be sent back as non sufficient. This can cause a lot of issues. None of this is answering the question as to what is the law!! I WILL be learning this today and will answer here again.

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Is a post dated check legal in Ga?

No. Writing a check knowing the funds are not available in your account is illegal. Moreover, depending on the size of your check, you could be guilty of a misdemeanor or FELONY. Here's a nice little scenario for you... You give John Q. Public a check post dated for next month for $314 to cover the tires you just bought. John agrees to hold the check until you get paid on the 1st. You walk out of the building and John deposits the check on his way home. YOU have just committed a felony. The bank WILL cash the check, because the date does not matter on the check. It doesn't matter what you and John agreed to, you broke GA law, not John's law.ACTUALLY--- GA LAW MORE SPECIFICALLY STATES:under Georgia's deposit account fraud statute, the defendant is presumed to have written the check with the knowledge it would bounce if:the defendant did not have an account with the bank that the check was drawn on at the time the check was writtenwithin 30 days of receiving the check, the recipient presented the check for cash or deposit but the bank did not honor the check because of insufficient funds, and the defendant failed to make good on the check within 10 days of receiving written notice that the check had bounced, ornotice mailed by certified or registered mail or statutory overnight delivery is returned to the sender as undeliverable and the notice was mailed to the address on the check within 90 days of being dishonored by the bank.The fact that a postdated check is not honored because of insufficient funds does not, by itself, establish that the maker of the check committed a crime; the prosecutor must prove that the defendant had the intent to defraud at the time of writing the worthless check. Under Georgia law, proof of any of the above-listed conditions will satisfy the intent element of the crime that is necessary for a conviction.


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What rights do you have when someone cashes a post dated check before the date on the check?

This depends upon laws in your particular jurisdiction, but in most cases, there is no such thing as a "post-dated check" in the eyes of the law. When you write the check, you should be capable of honoring it immediately.


What is the purpose of post dated checks?

Most people believe that banks cannot honor a check prior to the date written on a check. (These people are, to put it simply, wrong. Under US law, a bank may honor a post-dated check unless the account holder has specifically put them on notice of that particular check, generally by a procedure similar to that required for putting a stop payment on a check.) The reason people post-date checks, then, is to keep them from being honored prior to a particular date. You should HIGH LIGHT THE DATE! This is to make people LOOK at the date! In today's time, the world has forgotten the basics, do NOT count on that check being held until that date.


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