In the United States, national banks are permitted to pay checks even though payment occurs prior to the date of the check.
The two major issues before the courts are: 1) Post-dated cheques that are stopped by the bank or issuer, causing problems for whoever is to be paid by the cheque for goods or services provided In the United Kingdom, post-dating a cheque carries no legal weight and so such a cheque can be cashed before the due date.
However, a bank may refuse to honour a cheque if the post-date is noticed; otherwise, the payer has no right to take any form of legal action against the bank for letting the cheque be processed.
It's no longer a good defense to say that you placed the amount owing in the mail on the due date.
If the amount doesn't reach the creditor by the date due, again, you're on the hook.
The Commonwealth Bank of Australia's rules and conditions for cheques (2014: Section 1.7.6 'Dishonour of cheques') clearly state that a cheque will be dishonoured if it is presented before the post-date as written on the cheque for the reason that, '..cheque bears a date that is in the future.
This is known as a post-dated cheque and it cannot be paid until that date arrives.' While this is a sound interpretation of Australian Commonwealth law, for insurance reasons the bank protects itself from possible attack with the condition (2014: Section 1.7.1 'Using your cheques '): 'You authorise us to pay a post-dated cheque (one which is dated with a date in the future) drawn on your account and presented for payment at any time before the date of the cheque arrives.' In Brazil, the drawer may seek damages in Justice if their cheque is cashed in before its due date, according to the jurisprudential orientation of the Superior Court of Justice, as per Summary No. Under the clearing rules of the Canadian Payments Association, a post-dated cheque cannot be cashed prior to the date written on it.(3) For the purpose of determining whether a post-dated instrument is a cheque, the fact that the instrument is post-dated shall be disregarded.(4) A cheque is not incomplete or irregular on its face by reason only that it is post-dated (whether or not the date has arrived).State: Georgia I got a call from my landlord today complaining that my rent check was post dated, and that I needed to send a new one ASAP.I have done so, but my confusion is that she said that post dating a check is illegal.People typically do this when they want to give a check to someone but aren't certain they'll have enough money in their account until a certain date to cover it.