Is it legal for customers to write post-dated checks? Are we required to abide by the date on the check? A customer has called and informed us that she post-dated a check to another individual. Would we be in trouble if we cashed that check before the date written on it?

Yes, customers may write post-dated checks, but they must provide notice of the post-dating to the bank on which a check is drawn — otherwise, the bank is not obligated to honor the date of the check.

The general rule under the Uniform Commercial Code (UCC) is that a bank may pay a check and charge its customer’s account without regard to the date on the check. However, if a customer notifies the bank of a post-dated check before the check has been paid and describes the check with “reasonable certainty,” the bank must honor that notice for the same time periods as a stop payment order (fourteen days for oral orders and six months for written orders).

In this case, your customer has provided oral notice of the post-dated check over the phone. Consequently, if your bank has not already paid the check, you must honor the customer’s request to delay payment until the date on the check until the fourteen-day period for oral requests has lapsed. If the customer confirms the notice in writing within fourteen days, the notice will be effective for six months.

For resources related to our guidance, please see:

  • UCC, 810 ILCS 5/4-401(c) (“A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in Section 4-403(b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before any action by the bank with respect to the check described in Section 4-303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under Section 4-402.”)
  • UCC, 810 ILCS 5/4-403(b) (“A stop-payment order is effective for 6 months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in writing within that period. A stop-payment order may be renewed for additional six-month periods by a writing given to the bank within a period during which the stop-payment order is effective.”)