Legal Question in Banking Law in New Hampshire

Post Dated Checks

When I send in my rent check, I send it early but date it for the first of the month. I have been doing this so I know that the check will get there in time, but I don't get paid until the first and that is why I post-date the check. I have not had any problems until now. They cashed at Jan 1st dated check on Dec 31st and now I have $105 overdraft fee. How are they allowed to cash a check before the date?

Asked on 1/03/09, 10:57 am

1 Answer from Attorneys

Raymond Weicker Qua, Hall, Harvey & Walsh
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Re: Post Dated Checks

The law changed many many years ago... there is no such thing as a valid "post-dated" check anymore. By law, the check has to be valid (sufficient funds) when written. The easiest way to avoid this problem in the future is to have the property manager/landlord provide a routing and account number to you so that you can pay the rent online or set up an automatic debit.

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1/03/09, 5:04 pm

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