dear Forum, question about postdated checks

If this is part of a repayment plan, then I would think not. That is why they are post-dated.

i would contact the number I posted for you and ask them what course of action you may take...your state allows for a repayment plan so if this company did this to you then I am thinking you should file a complaint against them

I think if they really wanted to screw you, they probably could. Your only chance would be if someone at the bank caught the date--but I wouldn't hold my breath.

Under the new PDL laws, they are not even supposed to take post-dated checks during a repayment plan:

From Public Act 094-0013
Quote:

Good find Debtcruncher!

Post dating a check means nothing! I learned that the hard way several years ago. A guy was going door to door selling fruit and I didnt have any money at the time. He said would accept a post dated check. Ok fine. The next thing I knew I was over drawn at my bank. The guy went straight to my bank and cashed the check! I told the bank it was post dated and they told me that when checks are cashed the date means nothing!

Actually it depends on what state you are in..IN KY if you give someone a post dated check and it bounces, the person that was given the check has no recourse because by accepting a postdated check they are acknowledging that the funds are not available, I believe that is also the same in OH and IN as well :) And your bank lied to you because if that were true then there would not be a time limit on how long you can have a check after its date

I live in Illinois and the bank said that when checks are run through the system, that it does not pick up on the date the check is written for. Only the amount!

If they aren't supposed to take post dated checks in a repayment plan, I'd contact your state's attorney general and financial dept and file complaints. They may be able to help you get the checks back or something.

When I worked at a couple of banks, here is what we I learned: it is not legal to write post dated checks; however if you do, you are doing so at your own risk. You have to have a very observant teller to not put them through if they are presented for cash. If the teller does not notice, the checks will go through. If the checks go through, it is actually the fault of the person that wrote the check because you should not write checks if the money is not there. This is what makes it illegal. The processing machine does not pick up the date, as guest stated. About 6 months ago I had to take my dog to the vet for an emergency and the bill was $250. They said they would be happy to hold my check for two weeks and guess what-it went through like three days later. Luckily the money was in the bank, and the vet was very apologetic and issued me a credit to my account. Don't get me wrong-I write post dated checks quite a bit. Sometimes it is the only option!! But jamesscarlet, according to what debtcruncher said, I think that you should get a copy of what he quoted to you and present it to Check n Go and get your checks back, or do what goudah said and let the AG handle it.

Did they ASK you to write post dated checks? It is a violation of Illinois State law for any business to request post dated checks , however a consumer can make the request....

Hummmmm I could swear I saw that somewhere before, but I also just found this in the Illinois Commercial code



Sounds to me like they could hold all your checks till the date of the last check, then cash them all at once.

The Payday Loan Reform Act" that Debt Cruncher referred to above is currently in limbo pending out come of litigation brought before the Illinois Supreme Court by the PDL industry. Most PDL places in Illinois ( or at least the Chicago area) have re-branded their loan products as installment loans, which would then fall under the installment loan act. Unfortunately that is a very broad a vague act, and leave plenty of room for the PDL industry to keep doing business as they have in the past.

Great info, LCW. Actually great job to everyone that answered this post. This is excellent information for everyone. I think the post dating thing is a very sticky situation.

:shock: :shock: I have never seen a bank look at date on a check,just run it thru.On my credit cards,when I do mail them a check,they do electronic ach and send me an image of check. I would never give someone post-dated checks.