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For a list of all of our advertising partners, click here'You can trust that we maintain strict editorial integrity in our writing and assessments; however, we receive compensation when you click on links to products from our partners and get approved. You’re writing a check to your landlord, but you don’t have enough money in your account.

There are several advantages to taking postdated checks in settlement of an account balance including these: 1.

The fact that you are holding a check that will be presented to the bank for payment on a specific date places a burden on the debtor to have funds on deposit when the check is presented. In the event that the check is dishonored and the customer is sued, the existence of the check makes it harder for the customer to argue that the debt was never owed. Even if a post dated check is not honored when it is first presented, there is always the possibility that the check will clear at its second presentment, or that the creditor can tender the check to the debtor's bank on a collection basis.

You can land in legal trouble if you intentionally postdate a check knowing there will be no money in your account or the account will be closed by the check's date.

To defraud someone in such a way for goods and services is illegal in all states.

People typically do this when they want to give a check to someone but aren't certain they'll have enough money in their account until a certain date to cover it. The checks usually aren't cashed until the first of the month and they clear my account on the second or third. Key and my landlord both said, "Too bad," and said postdating checks is illegal, anyway. There are no Federal Reserve regulations, which cover banking, that govern the payment of post-dated checks, said spokeswoman Anne Di Teodoro. The bank can cash it unless it believes the check won't clear or is fraudulent.State and federal laws cover the cashing and depositing of postdated checks, and laws vary from state to state.It's not illegal to postdate a check, unless you're attempting to commit fraud.

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