If it doesn’t go through, the recipient might charge you late fees and a bounced-check fee. “From a criminal law perspective, there is nothing inherently illegal about postdating a check,” says Eric Hintz, a criminal defense attorney at Hintz & Welsh in Sacramento, California.
Hintz says that only criminal intent, such as intentionally not having enough money for a payment, can be grounds for check fraud.
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Financial institutions now send digital pictures of checks to other financial institutions, so they can be cashed more quickly.
The Uniform Commercial Code, a collection of business laws adopted or adapted by many states, gives financial institutions the right to process a correctly written check with a future date.
But you can ask your bank to delay cashing a specific check, and, depending on your state and the bank, it might comply.
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