Legally, there is no such thing as a "post dated check." The acceptance of a post dated check is a contractual agreement between the party writing the check and the party accepting the check. Thus, it is not illegal in IN or KY for a company to agree to delay deposit of a check and as long as the company agrees it is a civil matter of breach of contract
if the party does not have funds available when deposited. By law, a person is supposed to have the funds available in the account when they write the check, thus, if funds are not available when the check is deposited it is still issuing bad checks and can be pursued both criminally and civilly, although many prosecutor's prefer to refer these cases to civil court.
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