Ri general laws post dating checks

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State laws vary regarding postdated checks, but according to the Consumer Financial Protection Bureau (CFPB) website, the only way to prevent a postdated check from being cashed is by giving written or oral notice to the bank or credit union the check is drawn on.

Written notices are valid for six months, while oral notices are valid for 14 days.

In most localities it is necessary to file a complaint with the appropriate criminal justice officer such as a sheriff or district attorney to initiate criminal legal action.

On paper, the legal consequences for the maker of a bad check are usually quite severe, however, as a practical matter the holder of a bad check may find it difficult to put into effect available remedies.

The intent to defraud and knowledge of insufficient funds is required to be present by most states' bad check laws. It is not necessary for the payee to have actually been defrauded.

In most states statutory provisions provide that it is prima facie evidence of insufficient funds (or of intent to defraud) if: (a) the check was not paid by the drawee (bank) on presentation for payment and (b) the drawer did not pay the check within a specified number of days after written notice to the drawer of dishonor of the check.

In short, the CFPB states that banks and credit unions don’t have to wait until the date on a check to cash it.

This means you can cash or deposit a postdated check as soon as you receive it.

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