Is It Illegal to Postdate a Check?

Even with online banking options, many people still pay by check. One reason checks might come in handy is that they can be "postdated" in an effort to delay the date on which the money comes out of the check writer's account. But is postdating checks legal? Read on to find out about the legality of postdating checks and some of the consequences that could result.

What Does It Mean to Postdate a Check?

A person postdates a check by writing a future date on the check as opposed to the current date. People typically postdate checks when payment isn't due until a later date or when funds won't be available until a later date. For example, someone might mail a check for a utility bill before payment is due and put the bill's due date (not the date the check is being written) on the check. Usually, the person postdating the check (the payor) doesn't want the recipient to deposit or cash the check until the date written on it.

Is Postdating a Check Illegal?

The answer is generally no. Postdating a check isn't a crime—unless the payor paid using a check:

• knowing the account would not have sufficient funds, or
• knowing the account doesn't exist or was closed.

These crimes are commonly referred to as "issuing bad or worthless checks." When a payor issues a worthless check intending to defraud someone, a state might consider this offense to be "theft by deception" or "check fraud."

In some states, proof that a defendant bounced a check and did nothing about it is enough to presume intent to defraud. For example, imagine that Anna paid for a $10,000 designer purse with a postdated check. On the indicated date, the seller went to cash the check, and it bounced. Anna received notice from her bank that the check wasn't honored, and she didn't fix the problem by paying the seller within the 30-day grace period. This evidence can be enough for a guilty verdict.

(Ga. Code § 16-9-20; Me. Rev. Stat. tit. 17-A, § 708 (2025).)

Can Postdating Be a Defense to Check Fraud or Issuing a Bad Check?

Sometimes postdating a check can be a defense. But a defendant who postdated the dishonored check couldn't point to the future date written on the check as the only defense. The defendant would need to show the recipient knew about and agreed to the future date, and the funds were in the account as of that date.

(Kan. Stat. § 21-5821; Tenn. Code § 39-14-121 (2025).)

Can Banks Process Postdated Checks Early?

Yes. The Uniform Commercial Code allows banks to process postdated checks before the date of the check, unless the customer gave the bank notice of the postdate "with reasonable certainty" and enough time to act on the request. The notice lasts only 14 days if the customer gives it verbally. The customer will need to confirm this type of notice to extend the notice beyond the 14 days.

Customers should check with their bank or financial institution to determine what actions must be taken and when, so that they comply with these notice provisions. If the customer follows all the rules and the bank cashes the check early, the bank may be liable for overdraft fees and other consequences.

(U.C.C. §§ 4-401, 4-403 (2025).)

What Criminal Charges Apply to Postdating a Worthless Check?

Penalties for passing bad checks or committing check fraud vary depending on state law. A person could also be charged with theft. Beyond the possible jail time and fines that may be imposed, a judge will order a convicted defendant to pay restitution to the victim to recoup their losses, which could include the amount of the check and any bank fees or other losses.

Worthless check penalties. Some states consider worthless check crimes to be petty offenses, with limited fines and jail penalties. Other states impose misdemeanor and sometimes felony penalties based on the value of the check. Increased penalties might also apply if a person passes multiple bad checks.

Check fraud. States with separate check fraud crimes commonly impose harsher penalties than those that apply to worthless check crimes. The rationale is that the defendant had the intent to defraud a victim. These penalties might start as higher-level misdemeanors and become felonies when the value of the check or checks increases.

Theft by deception. Theft charges are typically based on the amount stolen from the victim. To prove theft, the prosecutor must show that the defendant unlawfully deprived a person of their property or services through deceptive means. Every state's theft penalties are different, but commonly thefts involving less than $1,500 are misdemeanors, and those involving higher amounts are felonies.

(Colo. Rev. Stat. §§ 18-4-401, 18-5-205-, 18-5-512 (2025).)

Civil Liability for Passing Bad Checks

Most, if not all, states allow a victim to sue a defendant who gave them a worthless check in civil court. These laws typically require the victim/plaintiff to send the defendant a written demand asking for payment of the check, plus a service fee, within a certain number of days. If the defendant fails to pay, the plaintiff can file the action in court.

Defendants who lose in civil court may be liable for:

• the amount of the check
• bank fees and interest
• attorneys' fees and court fees, and
• damages.

Damages can be significant. Some states allow treble damages but may cap the damages at $500 or $1,000. Being sued won't necessarily prevent a prosecutor from filing criminal charges.

(Iowa Code § 554.3513; N.M. Stat. § 56-14-1 (2025).)

Alternatives to Postdating Checks

Postdating a check is risky. It doesn't guarantee the recipient or bank will wait to cash the check. On top of possible criminal and civil penalties, a bounced check will often result in overdraft fees, a lower credit rating, and damage to your relationship with the victim and the financial institution.

Other options to consider include:

• setting up online bill pay so you can pick the payment date
• using a credit card to pay the bill, or
• ordering a stop payment from the bank (this usually involves a fee but might prevent additional overdraft and other fees).

If you need to postdate a check, notify the bank and ask the recipient for consent. Document all of these steps, as well.

Getting an Attorney

If a check you've written has resulted in any criminal accusation, investigation, or charges, you should consult with a criminal defense attorney or ask for a public defender right away.

If your postdated check was cashed early and you suffered a significant financial loss, a civil attorney might be able to help you recover damages.