# Post Dating Checks: Legal? **URL:** \ **Category:** Factual Questions\ **Created:** [December 18, 2002, 5:19am UTC](https://boards.straightdope.com/t/post-dating-checks-legal/143489 "2002-12-18T05:19:05Z")\ **Posts on this page:** 6\ **Page:** 2
**Author:** ![Skammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skammer/32/143_2.png) [@Skammer](https://boards.straightdope.com/u/Skammer)\ **Post date:** [December 18, 2002, 4:19pm UTC](https://boards.straightdope.com/t/post-dating-checks-legal/143489/21 "2002-12-18T16:19:04Z")
> [@](#): > > \*Originally posted by HighSoci \* > \*\*who really stops at a stop sign when no other car is coming or slows down at a yellow light? \*\* _ **Note to self:** Don’t ride with HighSoci_ ---
**Author:** ![Tinker\_Grey](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tinker_grey/32/8136_2.png) [@Tinker\_Grey](https://boards.straightdope.com/u/Tinker_Grey)\ **Post date:** [December 18, 2002, 6:16pm UTC](https://boards.straightdope.com/t/post-dating-checks-legal/143489/22 "2002-12-18T18:16:08Z")
**sailor** , Thanks. Tinker ---
**Author:** ![NicePete](https://avatars.discourse-cdn.com/v4/letter/n/ee7513/32.png) [@NicePete](https://boards.straightdope.com/u/NicePete)\ **Post date:** [December 18, 2002, 7:32pm UTC](https://boards.straightdope.com/t/post-dating-checks-legal/143489/23 "2002-12-18T19:32:33Z")
Postdating checks is legal. The Uniform Commercial Code, which is in effect in all states but Louisiana, section 3-113 (1) says: “An instrument may be antedated or postedated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in 4-401(3), an instrument payable on demand is not payable before the date of the instrument.” ---
**Author:** ![Kyomara](https://avatars.discourse-cdn.com/v4/letter/k/8edcca/32.png) [@Kyomara](https://boards.straightdope.com/u/Kyomara)\ **Post date:** [December 20, 2002, 12:21am UTC](https://boards.straightdope.com/t/post-dating-checks-legal/143489/24 "2002-12-20T00:21:59Z")
> [@](#): > > \*Originally posted by sailor \* > **We had the excat same question just some months ago and the answer was that the date makes no difference. The check is payable on presentation regardless of the date on it.** Oh. Well then why were we bank tellers instructed never to take post-dated checks? Is there another reason I’m not thinking of? ---
**Author:** ![JeffB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jeffb/32/188_2.png) [@JeffB](https://boards.straightdope.com/u/JeffB)\ **Post date:** [December 20, 2002, 1:50am UTC](https://boards.straightdope.com/t/post-dating-checks-legal/143489/25 "2002-12-20T01:50:54Z")
According to the UCC, postdating a check does **not** mean that the bank cannot charge the customer’s account before the date on the check unless the customer notifies the bank. From [section 4-401©](http://www.law.cornell.edu/ucc/4/4-401.html): > [@](#): > > 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 4-402. ---
**Author:** ![JeffB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jeffb/32/188_2.png) [@JeffB](https://boards.straightdope.com/u/JeffB)\ **Post date:** [December 20, 2002, 1:53am UTC](https://boards.straightdope.com/t/post-dating-checks-legal/143489/26 "2002-12-20T01:53:27Z")
> [@](#): > > \*Originally posted by Kyomara \* > \*\*Oh. > > Well then why were we bank tellers instructed never to take post-dated checks? Is there another reason I’m not thinking of? \*\* Two possibilities: 1) the UCC may have changed since you received your training; 2) your bank’s policies were different than the UCC. [Previous page](https://boards.straightdope.com/t/post-dating-checks-legal/143489.md?page=1)