While it may be a crime for a tenant to write a check when there are insufficient funds in his account to cover the check, California's worthless check laws may not cover a landlord if a postdated check was accepted.According to California's bad check law, writing a check with the intent to commit fraud or knowingly writing a check when there are insufficient funds to cover the full amount of the check are both illegal.
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If you write a check with a date in the future written on it, so that the check cannot be cashed until the date on the check, then you have written a postdated check.
Generally, a bank may cash your check when they receive it, even if your check is paid before the date you wrote on the check.
However, in some circumstances if you give the bank reasonable notice, they will be prevented from cashing it until the date on the check.
If you choose to accept a postdated check, you run the risk that the person who wrote the check could close their account before you deposit the check, or that their account will not have sufficient funds when you deposit the check.
Unfortunately, you may have a difficult time demanding payment by the bank, or claiming that the writing of the bad check was done with the intent of committing fraud, since most states refuse to recognize postdated checks as check fraud.Mary Lamphere writes travel, real estate, wellness, health and business content for a variety of online portals.Her work has been featured by a number professional websites since she started writing in 2005.We've helped more than 4 million clients find the right lawyer – for free. Legal Match matches you to pre-screened lawyers in your city or county based on the specifics of your case.Within 24 hours experienced local lawyers review it and evaluate if you have a solid case.(Commercial Code § 4401) It is a violation of the Fair Debt Collection Practices Law for a debt collection agency or a creditor who regularly collects its debts to deposit a postdated check before its due date.