Post dating employee checks

The suit may also seek the imposition of a civil penalty against the check recipient in an amount not less than 0 but not greater than ,000. The federal code broadly prohibits debt collectors from using “unfair or unconscionable means” in collection efforts.Many states have laws addressing postdated checks and consequences for cashing a postdated check before the check’s date.Some states, such as Georgia, put the onus on the maker of the postdated check to ensure that the check is not cashed or deposited prematurely.The law also prohibits the recipient of a postdated check from intentionally cashing or depositing the check prior to the check’s date if the recipient represented that postdating the check would prevent the check from being deposited or cashed prior to the check’s date.The same law disallows an organization from making the same representation but then cashing or depositing the check without reasonable procedures in place to prevent the premature cashing of the postdated check.

The notification not to pay the postdated check until the check’s date is valid for six months; however, if the customer’s notification was made verbally without also putting it in writing, the customer’s notification remains valid for only 14 days.For example, if the customer verbally informs the bank on May 1 that the customer has written a check with the date June 1, the bank will not be liable if it pays the check on May 15.

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