Is postdating a check illegal in florida
The Uniform Commercial Code states that a bank may honor a postdated check provided the check is otherwise safe to cash and the account owner has not provided the bank with "reasonable notice of the postdating.
This means that a tenant may legally postdate a check to you and that you may even be able to cash it when you receive it, but if the bank has been notified of the postdating you will have to wait until the date listed on the check instrument before you may receive the funds.
The issuance of a check on an account which is closed or has insufficient funds may constitute a crime for which the maker of the check may be prosecuted.
The tenant may know that he or she will not have the money in time, the check could have a stop-payment placed on it, or the check may bounce.
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.
Unlike a normal check, a postdated check is not necessarily payable on demand.
The following materials are intended to assist you in determining whether to proceed civilly or criminally.
Both the civil and criminal remedies are provided by State statute and must be strictly complied with in every instance.