Post dating checks california

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This means that a tenant may legally postdate a check to you and that you may even be able to cash it when you receive it, but if the bank has been notified of the postdating you will have to wait until the date listed on the check instrument before you may receive the funds.While it may be a crime for a tenant to write a check when there are insufficient funds in his account to cover the check, California's worthless check laws may not cover a landlord if a postdated check was accepted.This article discusses general laws about checks, post-dating, and the parties’ rights.Personal checks (and other “negotiable instruments”) are covered by provisions of the Uniform Commercial Code (“UCC”), a set of model laws first developed in 1952 by some of the top legal scholars in the U. The drafters of the UCC intended to create a single body of regulation to uniformly cover commercial transactions, particularly interstate transactions.If the check bounces the landlord may have certain civil remedies to help recuperate the promised funds.

It was not clear from your question whether you promptly notified your bank of the post-dated check, but it seems that you did not because you do not mention it.

You did not misrepresent anything, because you truthfully told the tech support contractor that funds were not immediately available but would be on the date that you post-dated the check.

He did not rely on any misrepresentation, but rather disregarded a truthful representation. Incidentally, the tech support contractor’s conduct may be edging into extortion.

In the future, be sure to immediately notify your bank of any post-dated checks.

Fraud of any type requires a misrepresentation that the victim relied upon.

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