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Ellen
Ellen, Lawyer, Consultant
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Is it illegal to post date a check in New York

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Hello,

Thank you for your question. I am happy to assist you.

As we work together, please remember to click ACCEPT for each of my answers that is helpful to you. This is necessary for me to be paid for my work. If you need clarification of an answer, please do not hesitate to request it. Also, please remember that I am only aware of the facts that you present to me.

Generally speaking, it is legal in NY to postdate a check. It would be a crime if there were not sufficient funds in the account to cover the check prior to the payment date.

Technically when you write a future date on a check, it does not become a negotiable instrument until that date. Instead it is a promissory note. However, practically speaking most banks disregard the date on the check and negotiate the check.

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