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POst dated cheque- pay dates- fraud?

you write a cheque, post dated, and it is accepted as post dated payment. You are expecting your paycheque to be in your account to civer said cheque (say, a utility bill). Your paycheque gets held up for some reason, the cheque bounces. Is it fraud, because you couldn't cover the cheque?

I pay rent by cheque. I wrote a rent cheque with not enough in my account to cover it on the date I had written it (not the date it was dated for). I expected my pay to be in my account, but it got held up an additional 2 weeks. Therefore, I could not cover the cheque and it bounced. My bank also had it flagged as suspicious, because the date on the cheque appeared altered. I wrote it for Oct 11, the date on it looked altered to Oct 01. IT tried clearing my account the day before it was written. Landlord says his bank only did a verbal inquiry into the cheque and status of our account, but that he did not cash it. We got charged an NSF. And he HAD to have cashed it early-- it tried clearing our account the day before the post date.

HE is trying to threaten me if he doesn't get $1000 cash within the next 2 weeks he will charge me with cheque fraud and take me to court for the full amount of the rent for a full lease term (1 year, I had not moved into the house or gotten keys when the landlord started threats and 20+ phone calls to me a day). I told him I did not want to live in his house if he is threatening to sue me, and screaming at me 20+ times a day on the phone.

So, did I unknowingly commit fraud? I know now that I should have had the funds in there and not used a post dated cheque, but I honestly expected the pay to be in my account to cover the cheque WELL before it was dated for. I also had emailed and called him asking him to hold the cheque until I let him know the funds were in my account, but he said no. I told him I wanted the cheque held JUST as a deposit, and when the funds were in my account I would let him know to deposit the cheque. He said no, he would cash it regardless.

1 Answer

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  • 1 decade ago
    Favorite Answer

    A date on a check is meaningless.

    If someone writes me a check with a Christmas date on it,

    I have full legal right to take it to my bank and deposit it.

    Sorry, but the law is not in your side.

    And yes, it is fraud to write a check without funds in the account.

    In some states, the police can come to your home and arrest you for check fraud. I had it happen to a friend while I was at her apartment.

    The cops came with their lights flashing in their cars, and took her away in handcuffs. They left her 6 month old and 2 year old with me without diapers or food...

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