Is post dating cheques illegal

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Prilly Latuconsina (20)
Canadian
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Supreme Court rules on post-dated cheque given as security for repayment of loan instalment

The Commonwealth Bank of Australia 's rules and conditions for cheques This is known as a post-dated cheque and it cannot be paid until that date arrives. If a Canadian financial institution inadvertently accepts and processes a cheque before the due date, the cheque writer may ask his or her financial institution to return the amount until the day before the cheque should have been cashed. Post-dated cheques are common and enforceable. The post-dated cheque is not payable till the date which is shown on the face of the said document. It will only become cheque on the date shown on it and prior to that it remains a bill of exchange under Section 5 of the Act. As a bill of exchange a post-dated cheque remains negotiable but it will not become a "cheque" till the date when it becomes "payable on demand".

I find now that this is not so. The "what ifs" are: If the cheques were cleared early, there would have been cheque bouncing fees for "insufficient funds". The bank's answer is that you should not issue post-dated cheques, and that it is up to the recipient to check the date before presentation. This is one of those situations where there is a "what should happen" and a "what usually does happen", and it is probably best to find another way around it. There should be a leaflet about it in every bank branch, says Elizabeth Brown. What your bank should have done, says another banking source, is send the cheques back to the IRD's and ACC's banks, saying they were post-dated and should be presented again on the right date.

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A few weeks ago, however, I wrote a check and got a nasty surprise in my bank account. After the initial period of panic, grief and anger toward the bank and the person who had cashed the check, I did some serious digging into the regulations surrounding postdated checks. When you postdate a check, you put a future date on it.

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Is it illegal to post-date a check?

There is nothing illegal, inappropriate, unlawful, unethical, unprofessional, or unconscionable about a creditor asking a customer to issue a post dated check, nor is there any reason a customer cannot issue one or a series of post dated checks to clear a past due balance. There are several advantages to taking postdated checks in settlement of an account balance including these: The fact that you are holding a check that will be presented to the bank for payment on a specific date places a burden on the debtor to have funds on deposit when the check is presented. In the event that the check is dishonored and the customer is sued, the existence of the check makes it harder for the customer to argue that the debt was never owed.

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