Postdating a check in florida online dating video games
Anyway, stopping a check to anyone can result in a lot trouble, unless you can legally justify it. Accepting a postdated check from a tenant may seem like a surefire way to get the money that you are owed, but this does not always lead to payment and sometimes may even lead to further complications.To answer the last part of your question, I am not aware of any law that allows for a post dated check for up to 90 days. Additionally, if you admit to accepting a post dated check, you cannot allege fraud because you were aware that there we insufficient funds when you accepted the check and if you accept a check with a date longer than 30 days out, then the person who wrote the check could say as a defense that you failed to deposit the check in a timely fashion. That law applies to a bank's right to make an electronic conversion of your paper check and take the funds out of the account upon receipt of the check regardless of the date on the check.It is my understanding that if you have notice of this policy and you agreed to this policy, then it would be legal.Unless you are 100 percent sure that the tenant can be trusted and that there will be funds to cover the check when it is ready to be cashed, it may not be a good idea to accept a postdated check.The Uniform Commercial Code states that a bank may honor a postdated check provided the check is otherwise safe to cash and the account owner has not provided the bank with "reasonable notice of the postdating.The two important things to remember from a legal standpoint are that you have a right to cash the check when you receive it regardless of the date and the bank has the right to cash the check when it is deposited regardless of the date.So, it is important that the agreement is honored and that the checks are not cashed any sooner than agreed to.
I'm not positive, but I think the Texas statute and charge is something about theft of services by conversion.is it legal to accept post dated checks if there is a signed agreement and checks are electronically debited out of their account in the state of florida?Also, is it true that the law is that it can be post dated up to 90 days but no longer than 90 days? However, you could agree to enter into a signed agreement to cash the check at an agreed to time.According to California's bad check law, writing a check with the intent to commit fraud or knowingly writing a check when there are insufficient funds to cover the full amount of the check are both illegal.However, if the tenant writes the check with the intent to have funds in the account on the date that the check is postdated for, there is no intent to commit fraud or pass a worthless check and therefore no illegal activity has technically taken place.
Therefore, it appears that the signed agreement that you mentioned (as long as all the terms are clearly spelled out), although it could be risky (if there are insufficient funds), would be legal.