Banks Cashing Post-Dated Checks...

**murph** · 01-13-2010, 03:46 PM

does anyone have any experience in getting over draft fees reversed?

Long story short, we had to ask our daycare to wait to cash a check until this Friday, which they said they would do. Turns out they cashed the check and we've over drawn our account. A few other things also went through so now we have some over draft fees. I looked at the cashed check online and it definitely has "January 15, 2010" written on it.

This hasn't happened to us in years. We've been working down our debt, and have been really good about being on a budget. Both of our kids' birthdays are in January, so we had the slight added expense of that added into the mix.

I'll get paid tomorrow at midnight, and nothing else is going through, but I'm worried that I'll be hit with another daily over draft charge. At $35 a pop, they add up.

Any thoughts?

**frugalfranny** · 01-13-2010, 03:58 PM

A hard sell here for you.......even with the snow ball effect that it created........

writing a postdated check is a no-no in the first place. The bank will probably tell you that it isn't their responsibility to check every date on the checks. Next time, don't give out the check.

Good luck......whatever you decide to do.

**Contrary Housewife** · 01-13-2010, 04:58 PM

I would go to the bank in person and ask them to show you how you came to be over limit. And make sure you point out the date on the check.

**McD** · 01-13-2010, 05:13 PM

It's not the bank's fault. Sad to say but this will most likely be a stupid tax you are going to have to eat.

Here's why I say that:

According to the Uniform Commercial Code (UCC) Subsection 3-104, a check is defined as a "draft payable on demand and drawn on a bank." A postdated check, since it's not necessarily payable on demand, does not meet this requirement. Consequently, most states generally hold that a postdated check does not constitute a present fraud nor does it fall within the scope of the 'bad-check laws.'

Concerning your bank paying a postdated check before its time, UCC Subsection 4-401 states that "a bank may honor an otherwise properly payable postdated check before its date unless the customer has given the bank reasonable notice of the postdating." The notice of postdating is simply a means by which you can place the bank on formal notice that you've written a postdated check, and it orders the bank not to pay the check before the date written thereon. If, after reasonable notification, the bank makes payment before the pay date on the check, it could be held liable for losses occurring due to its actions.

http://www.finweb.com/banking-credit...ed-checks.html

**mombottoo** · 01-13-2010, 05:43 PM

It's not the bank's fault the person you wrote the check to cashed it. You could try getting the bank to reverse some of your fees since you aren't in the habit of bouncing checks...but, it's not something they are going to be required to do. Use this as a learning lesson and never write anyone a post dated check in the future.

**itlw8** · 01-14-2010, 01:48 PM

as a childcare provider let me say that asking me to hold your check means you have not paid on time and if I had a late fee I would charge you.

the provider still has to pay her bills and feed your child you put her in a bad situation expecting her to wait for her pay check. How would you make it if your paycheck was given to you and then they said oh sorry you can't cash it.

I understand you had expenses but childcare is important so you can work. It needs to be paid BEFORE birthday partys.

sorry you did not want to hear this... but too often parnet put the childcare bill LAST and expect the provider to just not buy groceries or pay their bills.

Next time do not pay with a post dated check and wait on the extras.

**Greebo** · 01-14-2010, 02:14 PM

Unfortunately, I have to agree - post dated checks are not binding, and banks can cash them freely and legally. I'm sorry the provider didn't honor your request to hold your check, but ultimately, this is going to have to go in the books as "stupid tax".

Going forward, save up in advance for birthdays, do it in cash, and don't ask the people you owe money to for delayed payment. You basically put yourself into debt to the provider by doing that - something you want out of, not more of.

**celina** · 01-14-2010, 03:41 PM

yep my mil works in a bank and nope they won't be held responsible, the few times i've had to post date a check i highlight it in yellow and circle it...so it's very obvious..at that point the teller won't usually cash it, BUT if they put it in the atm, it would likely pass

**craftypam** · 01-14-2010, 09:01 PM

I'd still explain the situation and ask for overdraft charge to be reversed. Never hurts to ask.

**baxjul** · 01-14-2010, 09:15 PM

Originally Posted by itlw8

as a childcare provider let me say that asking me to hold your check means you have not paid on time and if I had a late fee I would charge you.

the provider still has to pay her bills and feed your child you put her in a bad situation expecting her to wait for her pay check. How would you make it if your paycheck was given to you and then they said oh sorry you can't cash it.

I understand you had expenses but childcare is important so you can work. It needs to be paid BEFORE birthday partys.

sorry you did not want to hear this... but too often parnet put the childcare bill LAST and expect the provider to just not buy groceries or pay their bills.

Next time do not pay with a post dated check and wait on the extras.

I have to agree with this, because I'm also a childcare provider. When you pay us, it is our paycheck. More than likely, you had to sign a contract, that stated when to pay. Hope you get it figured out.

**AnW819** · 01-14-2010, 09:22 PM

Banks can cash post dated checks. I use to write them all the time to like the vet and such, and they can 100% cash them still. It stinks. I really do not think the bank will reverse them. They will prolly look at it as trying to buy something without having the money for it.

**sahm2boys** · 01-14-2010, 09:28 PM

i think it was business daycare she gave the check too..so i dont think there is a guilt trip to lay down of holding someone back from groceries...and i think she just stated that the birthdays were added expenses for the month not items that she paid before the daycare

on that note..you cant trust anyone with post dated checks..as you can see =)

try talking to your bank on the phone really nice. cry if need be..LOL..if you have called 2 times or so and no help go in and speak with a manager..if no luck there..you just got to suck it up and go

good luck i know how bad this hurts

**kita** · 01-17-2010, 01:39 PM

Ask nice. I might not mention the post-dated check since it is not "kosher" but asking nice might be okay IF you haven't had any bounced check fees for a long while. Some bank managers are not monsters. Also they might charge you for the original check but not the daily fees, so it would be better for you at least.

**dcompton** · 01-17-2010, 04:21 PM

I agree that childcare providers want to be paid - I was the administrator of a daycare for a while - BUT they agreed to it. They could have refused it. If they agreed, they agreed, and should have honored it. There's no recourse there, and it may have been inadvertent on their part, but not to carry through with agreements with your customers is not good business practice.

**itlw8** · 01-19-2010, 09:33 AM

Originally Posted by sahm2boys

i think it was business daycare she gave the check too..so i dont think there is a guilt trip to lay down of holding someone back from groceries...

not trying to start a fight but I am a business just because I operate from my home does not make me any less of a business

and if you mean a center they also have expenses. they have to pay the employees and yes they have to pay for the groceries to feed the children. there is far less profit than people think in childcare.

While my budget is never so close I could not find food to feed the children many people are that desperate.

If the owner was aware of the postdated check and gave permission it should have been set aside and not deposited but I do not check the dates of checks I deposit.