Ri general laws post dating checks

While there are differences among the states as to how bad checks are viewed (whether a misdemeanor or a felony) and the remedies available to holders of the bad check against the drawer, there are several general factors that run through the majority of state laws: In all states the maker of a check, who tenders a check knowing there is insufficient funds or credit behind the check may be guilty of a crime and may be subject to civil penalties.

In the majority of states the crime is treated as a misdemeanor.

Banks will generally cash all types of post-dated checks, including personal, payroll, government, and insurance checks.

While most banks and credit unions will cash postdated checks, many stores will not.

State laws vary regarding postdated checks, but according to the Consumer Financial Protection Bureau (CFPB) website, the only way to prevent a postdated check from being cashed is by giving written or oral notice to the bank or credit union the check is drawn on.

Written notices are valid for six months, while oral notices are valid for 14 days.

But if you’ve received a personal, payroll, or even government check that is postdated (that is, with a future date written or printed on it), are you able to cash it ahead of the official date?

In several states the law provides for fines and or imprisonment, but does not specify if the crime is misdemeanor or felony.

In some states there is a criminal offense only when the bad check is given in exchange for property or for a present consideration.

In other states it is a criminal offense to issue a bad check with intent to defraud or with knowledge of insufficient funds.

In short, the CFPB states that banks and credit unions don’t have to wait until the date on a check to cash it.

This means you can cash or deposit a postdated check as soon as you receive it.

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