Post dating checks in massachusetts
The Division of Banks licenses check cashers pursuant to Massachusetts General Laws chapter 169A and its implementing regulations found at 209 CMR 45.00 et seq.
Applicants for a check casher license should carefully review all applicable laws, regulations, and regulatory bulletins governing check cashers prior to submitting an application to the Massachusetts Division of Banks through the Nationwide Multi-State Licensing System & Registry (NMLS).
Recently, at the request of my tech support contractor, I renewed my service contract with him. You did not commit a crime and you probably did not violate the law.
I asked that he not cash the check for a week because I would not have enough funds in the account until that time. He said okay and dashed off to his next appointment. Check fraud laws vary somewhat from state-to-state.
Personal checks (and other “negotiable instruments”) are covered by provisions of the Uniform Commercial Code (“UCC”), a set of model laws first developed in 1952 by some of the top legal scholars in the U. The drafters of the UCC intended to create a single body of regulation to uniformly cover commercial transactions, particularly interstate transactions.
This goal addressed the concern that having 50 different sets of state laws governing such transactions would cause confusion, conflict, and delay in interstate commerce.
It was not clear from your question whether you promptly notified your bank of the post-dated check, but it seems that you did not because you do not mention it.
(UCC § 4-401.) So, a bank can charge a person’s account for a check the person post-dated when the payee tries to cash it before the date on the check.But, there is an exception to this rule: The bank must not charge the person’s account if: (UCC 4-401 (c).) Should the bank nevertheless charge the payor’s account even after receiving proper notice of post-dating as described above, the bank may be liable for damages to the payor that result, including damages from dishonor of later checks drawn on the account.Now, I learn that he immediately tried to cash the check and it was refused by the bank! But, in general, it is not a crime to post-date a check.This article discusses general laws about checks, post-dating, and the parties’ rights.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.