Responsibility For Post Dated Checks
by Ken Golliher, BOL Guru BIO AND CONTACT INFO
QUESTION: If a customer issues a post dated check and we accept the check through our cash letter from the FRB, what is the legal steps concerning this item?
ANSWER: The model version of the UCC places the risk of post dating on the customer.
At 4-401(c), it indicates: "A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty..." (Compare this to the parallel provision in your state's law to see if there are any variations.)
In short, if you see that an on-us check is post dated, you can pay it or return it. It is the bank's option. If you keep it past midnight of the banking day following the banking day of presentment, you have made your decision - you paid the check and it is too late to send it back.
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