Bounced Checks

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TNFSkier16
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Bounced Checks

Postby TNFSkier16 » Wed Apr 13, 2011 10:40 am

What happens if a law school deposits your check earlier than the date you write on the check? Can they legally deposit it? I have a potentially bounced check for my seat deposit I'm trying to work out.

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DocHawkeye
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Re: Bounced Checks

Postby DocHawkeye » Wed Apr 13, 2011 10:48 am

TNFSkier16 wrote:What happens if a law school deposits your check earlier than the date you write on the check? Can they legally deposit it? I have a potentially bounced check for my seat deposit I'm trying to work out.


I have had this happen a few times (back in the old days when you wrote a check for your application fee and mailed it). I don't think this ever lead to a bounced check, though, but it was a long time ago. I hardly imagine that you're the only person who has run into this situation - its actually probably pretty common. Do you have overdraft protection on your checking account that will cover the check? If so, you're probably OK. If not, te first thing I would do is call the admissions office and explain the situation. See how they want you to handle it. It will not be a fun conversation to have but bit will probably all work out for the best if you just bite the bullet and do it. Good luck!

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pleasetryagain
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Re: Bounced Checks

Postby pleasetryagain » Wed Apr 13, 2011 10:49 am

TNFSkier16 wrote:What happens if a law school deposits your check earlier than the date you write on the check? Can they legally deposit it? I have a potentially bounced check for my seat deposit I'm trying to work out.


the bank usually wont cash it until the date. at least thats how mine works.

edit: see post above. the admissions office knows that only 98% of the class is rich kids - they have systems in place to deal with the remaining 2% of us. ;)
Last edited by pleasetryagain on Wed Apr 13, 2011 10:50 am, edited 1 time in total.

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piccolittle
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Re: Bounced Checks

Postby piccolittle » Wed Apr 13, 2011 10:50 am

TNFSkier16 wrote:What happens if a law school deposits your check earlier than the date you write on the check? Can they legally deposit it? I have a potentially bounced check for my seat deposit I'm trying to work out.


Isn't it illegal to post date a check? I would probably call them ASAP though and try to get them to hold off depositing it... If not then call them, put the funds in and send a new check.

TNFSkier16
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Re: Bounced Checks

Postby TNFSkier16 » Wed Apr 13, 2011 10:54 am

It worked out. My bank cleared the check with an overdraft fee (that I managed to negotiate away b/c I dated it for the 15th). But yeah in future, is it illegal to cash a check before its dated or to date a check for deposit in the future?

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piccolittle
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Re: Bounced Checks

Postby piccolittle » Wed Apr 13, 2011 10:54 am

TNFSkier16 wrote:It worked out. My bank cleared the check with an overdraft fee (that I managed to negotiate away b/c I dated it for the 15th). But yeah in future, is it illegal to cash a check before its dated or to date a check for deposit in the future?


Edited: maybe I don't actually know lol

Depending on the state, it can be illegal to write a check knowing that you don't have the funds to back it up. Not sure about post-dating, actually.
Last edited by piccolittle on Wed Apr 13, 2011 11:02 am, edited 1 time in total.

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Bill Cosby
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Re: Bounced Checks

Postby Bill Cosby » Wed Apr 13, 2011 10:57 am

Pretty sure it's not illegal to postdate a check.

06162014123
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Postby 06162014123 » Wed Apr 13, 2011 11:03 am

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Last edited by 06162014123 on Sat Jun 07, 2014 9:08 pm, edited 1 time in total.

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fundamentallybroken
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Re: Bounced Checks

Postby fundamentallybroken » Wed Apr 13, 2011 11:04 am

Bill Cosby wrote:Pretty sure it's not illegal to postdate a check.


Nor is it illegal to cash a check dated for later (or for the bank to honor it.) Unless you have something in writing saying they won't present it for payment, the date you write on the check itself is of very little consequence.

TNFSkier16
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Re: Bounced Checks

Postby TNFSkier16 » Wed Apr 13, 2011 11:13 am

Well it worked out. In future I'll just make sure the money is there.

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Mce252
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Re: Bounced Checks

Postby Mce252 » Wed Apr 13, 2011 11:13 am

fundamentallybroken wrote:
Bill Cosby wrote:Pretty sure it's not illegal to postdate a check.


Nor is it illegal to cash a check dated for later (or for the bank to honor it.) Unless you have something in writing saying they won't present it for payment, the date you write on the check itself is of very little consequence.



TITCR

TNFSkier16
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Re: Bounced Checks

Postby TNFSkier16 » Wed Apr 13, 2011 11:18 am

So what if, and in my case I did, had a note with the check requesting that the check not be cashed until the date on the check? Is that sufficient, or is it necessary to also have the other party's agreement in writing?

03121202698008
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Re: Bounced Checks

Postby 03121202698008 » Wed Apr 13, 2011 11:20 am

Mce252 wrote:
fundamentallybroken wrote:
Bill Cosby wrote:Pretty sure it's not illegal to postdate a check.


Nor is it illegal to cash a check dated for later (or for the bank to honor it.) Unless you have something in writing saying they won't present it for payment, the date you write on the check itself is of very little consequence.



TITCR


Yep. Lots of places use electronic clearing now and deduct instantly like you swiped a debit card. The date means nothing absent something like a check hold agreement.

http://en.wikipedia.org/wiki/Post-dated_check

UCC 4-401 (c):
(c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty.
Last edited by 03121202698008 on Wed Apr 13, 2011 11:24 am, edited 1 time in total.

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Mce252
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Re: Bounced Checks

Postby Mce252 » Wed Apr 13, 2011 11:23 am

TNFSkier16 wrote:So what if, and in my case I did, had a note with the check requesting that the check not be cashed until the date on the check? Is that sufficient, or is it necessary to also have the other party's agreement in writing?


You can't make valid contract without consent from both parties. I leave notes around to my roommates to do things all the time. Unfortunately, I have no legal claim if they decide to ignore me.

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fundamentallybroken
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Re: Bounced Checks

Postby fundamentallybroken » Wed Apr 13, 2011 11:57 am

Mce252 wrote:
TNFSkier16 wrote:So what if, and in my case I did, had a note with the check requesting that the check not be cashed until the date on the check? Is that sufficient, or is it necessary to also have the other party's agreement in writing?


You can't make valid contract without consent from both parties. I leave notes around to my roommates to do things all the time. Unfortunately, I have no legal claim if they decide to ignore me.


I sued my wife for ignoring a note once, under the premise that she tacitly agreed to my demands by continuing to live with me.

I lost.

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DocHawkeye
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Re: Bounced Checks

Postby DocHawkeye » Wed Apr 13, 2011 3:43 pm

fundamentallybroken wrote:
Mce252 wrote:
TNFSkier16 wrote:So what if, and in my case I did, had a note with the check requesting that the check not be cashed until the date on the check? Is that sufficient, or is it necessary to also have the other party's agreement in writing?


You can't make valid contract without consent from both parties. I leave notes around to my roommates to do things all the time. Unfortunately, I have no legal claim if they decide to ignore me.


I sued my wife for ignoring a note once, under the premise that she tacitly agreed to my demands by continuing to live with me.

I lost.


I was under the impression spouses couldn't sue one another, but I could be wrong (I'm just a 0L). I hope not though, or at the very least I hope my wife doesn't ever read this message board.

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Mce252
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Re: Bounced Checks

Postby Mce252 » Wed Apr 13, 2011 4:02 pm

DocHawkeye wrote:
fundamentallybroken wrote:
Mce252 wrote:
TNFSkier16 wrote:So what if, and in my case I did, had a note with the check requesting that the check not be cashed until the date on the check? Is that sufficient, or is it necessary to also have the other party's agreement in writing?


You can't make valid contract without consent from both parties. I leave notes around to my roommates to do things all the time. Unfortunately, I have no legal claim if they decide to ignore me.


I sued my wife for ignoring a note once, under the premise that she tacitly agreed to my demands by continuing to live with me.

I lost.


I was under the impression spouses couldn't sue one another, but I could be wrong (I'm just a 0L). I hope not though, or at the very least I hope my wife doesn't ever read this message board.



Spouses cannot be subpoenaed by the state in order to testify against each other. You can sue but it won't get you very far. If you stayed married, the damages would simply be a wash because both would still have a claim to each others' property.

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kalvano
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Re: Bounced Checks

Postby kalvano » Wed Apr 13, 2011 4:10 pm

fundamentallybroken wrote:
Mce252 wrote:
TNFSkier16 wrote:So what if, and in my case I did, had a note with the check requesting that the check not be cashed until the date on the check? Is that sufficient, or is it necessary to also have the other party's agreement in writing?


You can't make valid contract without consent from both parties. I leave notes around to my roommates to do things all the time. Unfortunately, I have no legal claim if they decide to ignore me.


I sued my wife for ignoring a note once, under the premise that she tacitly agreed to my demands by continuing to live with me.

I lost.



I lol'ed. A lot.




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