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"Not Negotiable Before Due Date" Printed On Check

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Question: 
We were presented with a check. On that check was printed "Not negotiable before due date." Is this in regard to the actual date on check? With the current regulations in place does it matter as to when this item is processed or must it be processed no earlier than that day?
Answer: 

Checks are generally governed by the UCC, state law, not regulations. The specifics of the UCC can vary from state to state. You need to look at your state's version, specifically section 4-401 on post dated checks. The model version says the drawee bank may pay or return a post dated check; i.e. it's the drawee bank's option.

If you are not the drawee bank; i.e. the item was presented to you for deposit, the only smart option available to you is to hand it back to the payee and say "Come back on the date shown on the instrument. We may accept it for deposit at that time."

People who write silly things on checks are inherently dangerous...

First published on 09/03/2017

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