(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.(f(4)) "The presentation of a postdated check is not subject to the civil or penal sanctions" that would normally apply to someone who wrote a check with insufficient funds because the postdated check promises "to discharge a present obligation at a future date" and that money would be available to meet the debt when the check is cashed.If the check is returned for insufficient funds, I have to pay an expensive insufficient funds fee, which averages .20 at the top 10 U. So, yes, you can deposit a post-dated check before the date shown, but it isn’t advised.Be prepared for the possibility that the check funds won’t be available.Should the question arise the check is "postdated", there should be no problem if the debtor wrote the words "postdated" above the date of any of the checks submitted, however, without this kind of documentary evidence, it may be difficult for the debtor to prove the checks were "postdated".A judge might have to see whether the checks given in evidence bear sequential serial numbers, or appear to have been written at the same time. Special rules apply if a check postdated by more than five days is given to a debt collection agency or a creditor who regularly collects its own debts.Essentially, I don’t see any point in post-dating a check — it is valid from the moment that I sign it.
But, what if the check recipient doesn’t listen to my instruction and deposits the check before the written date?One recent, noteworthy topic had to do with post-dated checks and what happens to them when you attempt to deposit or cash the checks before the date written on them. If I were to post-date a check, it would probably be because I don’t yet have enough funds in my account to cover the check amount.Curious as to what happens when I defy the concept of post-dating, I checked with banks to their rules on the matter. However, I do expect to have those funds by the date written on the check.Now, if you’re the one writing a post-dated check, just know that it means nothing to post-date a check.There are no guarantees that the recipient will do the right thing by depositing the check on or after the date shown.