Expert: Rafael - 1/30/2007

Question
I post-dated a check for my insurance company and my bank cashed it anyway (1 1/2 weeks early) which cause a chain reaction to other checks bouncing. We have over $200 in fees now from the bank. My husband went in today to try to rectify the situation and they told him it was illegal to write a post dated check.  He asked them is it was illegal to cash a post dated check.  They were very snide and rude to him.  We would like to know if it is illegal, and if the bank should wipe the fees.

Answer
This is one of the dangers of post dating a check. The laws regarding post dated checks now place the responsiblity on the person writing the check.

Almost all banks have in their rules/regulations (that should be given to you at the time the account is opened) that they can cash post dated checks unless you notify them, in writing, not to cash it. If you signed your bank's signature card then you agreed to those rules/regulations and confirmed receiving them.

If you had an agreement with the insurance company to give them a post dated check, then the true fault belongs to the insurance company.

If your intent was to submit the check with the idea that your bank would automatically reject the check, then the bank is right with saying that what you did was illegal. Most state statues say that if you write a check with the intention of not paying, then its illegal.