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Posted: Sat Sep 08, 2007 11:49 am

Geesh, luke. I'm sitting here searching all over for what the "punishment" would be for NSF checks in Illinois. Can't find a thing, but that doesn't mean anything! LOL! I just know in my state, that if you have a NSF check, you're supposed to be contacted regarding it by the person/company/store. If you don't respond to it & go pay for it & pick it up, they can press criminal charges against you for "theft by deception". You will then have a warrent out for your arrest, a court date, pay for the check(s) and pay extra charges. Now, that's for NSF checks for "regular" stuff. Not pdl's. Pdl NSF checks - they can not take criminal action against you. It's prohibited. In your state and in my state. So, they won't haul you off to jail for "theft by deception" on a pdl check that was NSF. Other than that, I don't know much more!

Posted: Sat Sep 08, 2007 1:18 pm

Some one correct me if i am wrong, but in NY you can not cash a oost dated check.

Posted: Sat Sep 08, 2007 1:20 pm

The only time you can't cash a post dated check prior to the date is a payroll check. The laws are different with payroll accts. Hope this helps. I get this question a lot from customers at work calling in about this very same topic.

Posted: Sat Sep 08, 2007 1:34 pm

its not like I went into a grocery store and bought food with a post dated check.. this was a check n go store front in IL. their repayment plan was to write 10 post dated checks that 4 of them I stopped payment on and the other 6 they still have since April. Not a word from them. I sent all of this info to my states AG office and they said that they will contact check n go. I have not heard a thing from anyone in over a month. thats my story on these post dated checks.

Guest · Posted: Sat Sep 08, 2007 2:38 pm

Payroll checks CANNOT be cashed before their issue date...of course, banks will protect large financial institutions. They could give a crap about you, the lonely ONE person struggling to make ends meet etc. However, if a bank is doing their job when processing a check, they SHOULD be checking the date...on EVERY check...

Posted: Sat Sep 08, 2007 5:54 pm

Gonna add my '2 cents'..LOL A few years ago, I wrote a postdated check, to a gas station. They said they would hold it until I got paid, (4 days later). Well..they din't hold it and this REALLY messed up my bank account. I explained to the bank what happened. They said they couldn't do anything, until the ORIGINALLY check, came through their branch, so they could see the date witten on it. Well...to make a long story short, hey saw the date, credited my account, and the gas station basically 'shorted' themselves that amount of money. They never asked me for the payment BACK to them.

Posted: Sat Sep 08, 2007 8:47 pm

mom, I'm going to ask you a question that you'll probably know the answer to. Regarding luke's post-dated checks to the store front pdl that he has never heard a word about..... What happens? Where are his checks? Can they NOT cash them after a certain time period? Or can they be cashed when they feel like it 2 months/2 years down the road? Can you help with this question? Rolling Eyes

Posted: Sun Sep 09, 2007 5:22 am

Cannr, I know there is only a certain amount of time they can cash it. Payroll checks are usually 90 days after date of issue then they become an invalid check. Personal checks I think are 6 months. It might be a year but I think it is 6 months.
It does depend on the bank and the state you live in on whether they will honor the date on the postdated check.
In FLorida if you bounce a check If you don't pay it or at least make arrangements to pay it within 15 days of when they notify you that your check was returned it is handed over to the DA. The county I live in is very aggressive on prosecuting bad checks for "theft by deception".

Posted: Sun Sep 09, 2007 6:04 am

The last post dated check was in 08/14/2007, guess Ill have to ride it out, or untill I hear from my states AG office.

thanks cannr and pybasi

Posted: Sun Sep 09, 2007 6:33 am

luke, if they haven't cash any of the others (which I think is odd) then I'm guessing they're just not cashing them. However, since you've filed with your AG and have all your documentation (as I'm sure you do!), if they want to do something "stupid", you've got proof and documentation and complaints filed. So, you've got your backup. Although, it would make me a nervous wreck knowing there were checks out there for that long & they've "disappeared"! Good Lord! Is that bank account closed? (I'm assuming yes.)

Posted: Sun Sep 09, 2007 7:03 am

Would it not be different if Luke just put a stop pay on each of the floating checks?? Then it couldn't be considered fraud?? If he stopped the payment like because something was wrong with the account, etc?? Wouldn't that be different than if the check was submitted and just bounced?? I am just guesing here...

Posted: Sun Sep 09, 2007 8:04 am

My bank closed this account a few months ago for a mistake on their part and my part, it had nothing to do with check n go checks. Weither check no go knows this or not, I donkt know, so even if they tried to cash the checks, they could not, it was closed not by me but by the bank.

Posted: Sun Sep 09, 2007 4:16 pm

Sorry about your luck, Check N Go! Laughing

Posted: Sun Sep 09, 2007 4:55 pm

No its ok, so far its going good, not sure whats really going on, but at least I know the AG knows about it.

Guest · Posted: Sun Sep 09, 2007 10:49 pm

Glad to help. With Wachovia which is where I work the stale date on most checks is six months. If a customer goes into a branch to cash/deposit a check that is dated older than the six months they generally won't cash the check. Where these post dated checks in sequence becuase if they were what you can do is stop payment on a sequence of checks. I know we don't charge for the stop payment when it several checks like that.

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