There is no law that prohibits the issuance of a post-dated check; however, there are laws against issuing checks when you know that you don't have funds to cover them. Whether a particular state's bad-check law would make an allowance for the fact that a check was postdated is something you need to check in your own state.
Delivering postdated checks is not wise, however. That's because it's legal for your bank to pay a check even when it's postdated, unless you've taken the extra step to contact the bank and put it on notice about the postdated check, and requested the bank not to pay it until its date. From an operational point of view, this creates almost exactly the same work for the bank as a true stop payment order. For that reason, you may find that your bank will charge a fee -- often the same as its fee for a stop payment -- for handling a watch for a postdated check.
Delivering postdated checks is not wise, however. That's because it's legal for your bank to pay a check even when it's postdated, unless you've taken the extra step to contact the bank and put it on notice about the postdated check, and requested the bank not to pay it until its date. From an operational point of view, this creates almost exactly the same work for the bank as a true stop payment order. For that reason, you may find that your bank will charge a fee -- often the same as its fee for a stop payment -- for handling a watch for a postdated check.
§ 4-401. WHEN BANK MAY CHARGE CUSTOMER'S ACCOUNT.
(a) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.
(b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.
(c) 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. The notice is effective for the period stated in Section 4-403(b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in Section 4-303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under Section 4-
(a) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.
(b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.
(c) 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. The notice is effective for the period stated in Section 4-403(b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in Section 4-303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under Section 4-
i wrote a check to a buddy for fantasy football league, he wanted checks instead of cash so he wouldnt spend the league money at the casino or sportsbetting. he asked for the checks to be dated for december, so i did that. today i look and the check was cashed and cleared, eventhough i dated the check dec 1 2012.
