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In most cases, the recipient can deposit the check at any time.

Unless you set things up correctly with your bank, the bank is free to pay funds out of your account before the date shown on your check.

That said, if you agreed to wait before cashing a check, it might be illegal to do otherwise.

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A negotiable instrument can be made payable “on demand” or “at a definite time.” (UCC § 3-104.) A post-dated check is an order to pay the bearer at a definite time in the future.

Although it is legal to post-date a check, the bank to which the check is presented for payment may charge the payor’s account even before the date of the check and even if doing so creates an overdraft.

However, the bank did not honor the check, so at least you are spared overdrafts resulting from the check being cashed.

In the future, be sure to immediately notify your bank of any post-dated checks.

For example, the IRS generally doesn’t accept postdated checks, so you may face tax penalties and interest if your payment fails.

Likewise, some universities won’t accept those checks, so complications with enrollment (among other things) are a possibility.

If you plan to write a postdated check, ask for permission before doing so.

If your payment is rejected, you might be unable to buy a product or service that you wanted, you might have to pay late-payment fees, or there might be other consequences.

Fraud of any type requires a misrepresentation that the victim relied upon.

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