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Is postdating a check illegal in alaska

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Many states have laws addressing postdated checks and consequences for cashing a postdated check before the check’s date.Some states, such as Georgia, put the onus on the maker of the postdated check to ensure that the check is not cashed or deposited prematurely.A debt collector who commits one of the prohibited collection practices faces civil penalties.The penalties can include damages caused by the debt collector’s violation.

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.

The notification not to pay the postdated check until the check’s date is valid for six months; however, if the customer’s notification was made verbally without also putting it in writing, the customer’s notification remains valid for only 14 days.

For example, if the customer verbally informs the bank on May 1 that the customer has written a check with the date June 1, the bank will not be liable if it pays the check on May 15.

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.