Legal Question in Credit and Debt Law in Maryland

Post Dated Check

I am paying my car payment late, I have been told that I have to write a post dated check to the company, even though I gave them a date that I would pay the bill. They say I must not have good intentions if I will not send a post dated check. I refused to send the post dated check, what can they do to me?


Asked on 6/29/04, 2:36 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Post Dated Check

If a bank pays against a post dated check then it does so at its peril except where the depositary agreement shall say otherwise. A bank will have no liability when paying an instument that is properly payable. Despite an overdraft, post dated checks are permitted in Maryland.

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Answered on 7/05/04, 1:09 am


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