What Are the Risks of Postdating a Check?

Paying by check remains common despite the rise in online banking. Some people simply prefer checks to online transactions. Others might use checks to try to postpone when the funds come out of their account. To this point, a person might postdate a check in an attempt to delay payment. While postdating a check is generally legal, it doesn't always work and can result in financial headaches or, worse, legal troubles.

What Is a Postdated Check?

A person postdates a check by writing a future date on the check (rather than the current date). A person might postdate a check if the payment isn't due immediately or if sufficient funds won't be available until later. For instance, a person might postdate a check to coincide with their payday or the due date of a bill.

Risks of Postdating Checks

The obvious risk of postdating a check is that the recipient of the check ignores the date and cashes it before the date listed on the check. If the funds are not available, the check bounces, resulting in overdraft fees and possible legal consequences.

Generally, the recipient isn't bound by the date listed on the check, and neither is the bank. Federal law even states that banks can process postdated checks early. The only time a bank might be liable for overdraft fees or other consequences of a bounced check is if the customer notified the bank of the postdated check with enough time and information to act upon the notice. (U.C.C. §§ 4-401, 4-404 (2025).)

Criminal Consequences: Postdating a Check With Intent to Defraud

While postdating a check is not a crime in itself, a person could face criminal charges if they knowingly paid with a check knowing the account lacked sufficient funds, the account was closed, or the account never existed. In such cases, a prosecutor might charge the defendant with issuing a bad check, check fraud, or a theft crime, depending on state law. Some states presume fraudulent intent if the payor fails to resolve a dishonored check within a statutory grace period after notification from the bank or aggrieved party.

A defendant might point to the postdate to challenge the prosecutor's case. But this strategy generally only works if the funds were available on that future date and the recipient agreed to wait to cash the check.

The penalties for the above crimes often start as misdemeanors, with possible jail time and fines. A state might impose felony penalties for checks valued above a certain amount (say, $1,000) or when the defendant wrote multiple checks that bounced and failed to take any action. Almost always, a judge will order the defendant to pay restitution to the victim.

Civil Consequences for Bad Checks

A victim can also take the defendant to civil court to recoup their losses for the dishonored check. The victim—now plaintiff—must usually send a written demand to the defendant asking for payment of the check amount and fees before filing the action in court. If the defendant fails to pay by the demand date, they can end up in civil court with a judgment against them. The judgment might order the defendant to pay the check amount, bank fees, interest, legal costs, and damages to the plaintiff. Some states permit treble damages (three times the amount of the check), although these damages are commonly capped.

Additional Thoughts

It's risky to postdate a check and hope it all works out timing wise. Because postdating a check carries the possibility of legal and financial penalties, consider setting up automatic online payments or using a credit card. Seek legal counsel if a postdated check leads to a criminal investigation or charges or a civil lawsuit.