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If a bank does pay a postdated check before the check’s date even though it has received proper notice from the customer, the bank is liable to the customer for any loss resulting from the bank prematurely paying the check. § § 11-4-401, 11-4-403) West Virginia law contains several prohibitions addressing early payment of postdated checks.In other words, a customer who has properly notified the bank of the postdated check can sue the bank for cashing the customer’s postdated check before the postdate if the bank’s action causes the customer loss, such as causing other checks to bounce. The West Virginia Code prohibits a person from requesting or accepting a postdated check while intending to deposit or cash it before the date written on the check.Such means include depositing or threatening to deposit a postdated check before the date on the check. You may have grounds to file a legal action to recover any harm you suffer as the result of the premature cashing or depositing of the check.Idaho’s unfair collection practices statute contains a provision identical to the federal notification provision pertaining to checks postdated by more than five days. Error Banner.fade_out.modal_overlay.modal_overlay .modal_wrapper.modal_overlay [email protected](max-width:630px)@media(max-width:630px).modal_overlay .modal_fixed_close.modal_overlay .modal_fixed_close:before.modal_overlay .modal_fixed_close:before.modal_overlay .modal_fixed_close:before.modal_overlay .modal_fixed_close:hover:before.

In identifying the type of conduct forbidden under this broad prohibition, the statute provides a non-exhaustive list of specific actions that a debt collector may not undertake; three of these specific actions pertain to postdated checks.

Debt collectors are prohibited from depositing or threatening to deposit a postdated check prior to the date on the check.

A debt collector may not accept a check postdated by more than five days unless the debt collector notifies in writing the check’s maker of the collector’s intent to deposit the check.

The law also prohibits the recipient of a postdated check from intentionally cashing or depositing the check prior to the check’s date if the recipient represented that postdating the check would prevent the check from being deposited or cashed prior to the check’s date.

The same law disallows an organization from making the same representation but then cashing or depositing the check without reasonable procedures in place to prevent the premature cashing of the postdated check.

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