NSF fee for a check dated in the future?

Demo24

Diamond Member
Aug 5, 2004
8,357
9
81
Earlier this week I gave my landlord a check for next months rent as I won't be around during the period it's due. I dated it for the 4th of January. Today I pull up my online balance and see a non sufficient fund fee because apparently the check had been attempted to clear. Now obviously I am going to have to confront my landlord about this when he gets back in, hopefully Monday. However I don't understand how this could have happened in the first place? How could a bank try and cash a check that's dated 2 weeks from now? If I call them can I potentially get this fee waived?
 

Nik

Lifer
Jun 5, 2006
16,125
2
56
My lawyer says it's illegal to post-date a check because you're falsifying a legal document.

Don't give someone a check if you don't have the money to back it up.
 

boomerang

Lifer
Jun 19, 2000
18,890
642
126
There are some folks here "in the business" that can most likely answer this with some authority, but I think you've got an airtight argument.

Hold your ground and don't back down.
 

Demo24

Diamond Member
Aug 5, 2004
8,357
9
81
I was under the impression that a check is not valid until or after the date printed on it. This is not the case?
 

BabaBooey

Lifer
Jan 21, 2001
10,476
0
0
U = Screwed brah...your landlord is a asshole or a airhead,either way merry christmas ....:awe:
 

Demo24

Diamond Member
Aug 5, 2004
8,357
9
81
I see, did not know that. At least I know the guy well enough so I don't anticipate any problems fixing this. It's just annoying that I have to. I've done this before and I figured he would have honored the date on the check.
 

darkxshade

Lifer
Mar 31, 2001
13,749
6
81
I see, did not know that. At least I know the guy well enough so I don't anticipate any problems fixing this. It's just annoying that I have to. I've done this before and I figured he would have honored the date on the check.


He was probably as clueless as you depositing it now and thinking it would clear automatically once the date arrives. If someone wrote me a check that's post dated 3 months from now, why would I hold onto it and risk losing it when I can just deposit it now and assume it'll automatically clear 3 months from now.
 

her209

No Lifer
Oct 11, 2000
56,352
11
0
For the people who say dates don't matter, then does a check expire if it has the words "Expire 60 days after the date printed"?
 

darkxshade

Lifer
Mar 31, 2001
13,749
6
81
For the people who say dates don't matter, then does a check expire if it has the words "Expire 60 days after the date printed"?

The bank might still honor it... checks have been cashed years after expiration. But unlike post-dated checks, expired checks are YMMV.
 

Demo24

Diamond Member
Aug 5, 2004
8,357
9
81
I just got to talk with him. He is going to reimburse me for the fee and put a hold on the check until then. Didn't even have to ask him to do so he just asked me how much the fee was! Always great having a good landlord!
 

jlee

Lifer
Sep 12, 2001
48,513
221
106
For the people who say dates don't matter, then does a check expire if it has the words "Expire 60 days after the date printed"?

Last time I deposited one of those, I was opening an account with the branch manager and she said she'd put it through anyway to see what happens. It went through.
 

SunSamurai

Diamond Member
Jan 16, 2005
3,914
0
0
Last time I deposited one of those, I was opening an account with the branch manager and she said she'd put it through anyway to see what happens. It went through.

Yeah, I'm gonna need you to put your hands on the car..
 

Trevelyan

Diamond Member
Dec 10, 2000
4,077
0
71
I asked my sister who is a teller at a Regions bank this very question recently. She said that it was their bank's policy not to cash checks before the date written on them.

Honestly, I think it depends on the bank. Some won't even look at the date, some will and won't care, and then some will care and won't transfer the funds. But I think the point is there is nothing STOPPING a bank from cashing the check for someone.
 
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