skip to content »

Is postdating a check illegal in texas

Question: Can a bank charge a check cashing fee to non-customers? The Department issued an August 31, 2001 press release regarding this matter.

is postdating a check illegal in texas-37

Therefore, the protections offered to creditors under the various "bad check" laws may not apply.Unless he has given your bank notice of the postdating describing the check with reasonable certainty, your bank may charge his account for the check.If he gave notice, reasonably describing the check, but you paid it prior to the date on the check, your bank would only be liable for damages, if any, caused by paying the check prior to its date.Question: What information can a bank legally request from me when I cash a check?Answer: The Texas Business and Commerce Code specifically requires a bank to verify the authenticity of an indorsement on any check presented to them, but there is no law or regulation specifying what procedures they should use. He called the bank the other day and stated that he mailed a post dated check to someone and if we allowed that item to clear his account before the date on the check, we would be liable for the funds coming out of his account.

He stated that he just learned in a class of his that if he gave the bank notice of this check, we were accountable if we allowed the item to clear his account before the date on the check.

Each bank sets, by policy, what means of identification they will require before cashing a check.

Some Texas financial institutions may participate in a "thumb-printing" program, that requires non-account holders to apply their thumbprint in clear ink next to their endorsement when cashing a check in a bank where they do not have an account.

A postdated check is a check with a future date written on it. Two potential reasons for this include: No fraud allowed: There’s no law making postdated checks illegal.

It is illegal to write a check when you know you don’t have the funds to cover it, but things get a little fuzzy – and details depend on state law – when you postdate a check (assuming it is accepted as payment).

There are several advantages to taking postdated checks in settlement of an account balance including these: 1.