Postdating a check in texas
In most instances this would mean you would have to: If you suffered losses because your bank cashed the check, despite you giving reasonable notice, then you should speak with an attorney to discuss your rights and remedies.
If you choose to accept a postdated check, you run the risk that the person who wrote the check could close their account before you deposit the check, or that their account will not have sufficient funds when you deposit the check.
When you file a Theft by Check complaint with the County Attorney's Office, you are alleging a person committed a criminal offense.
If your case goes to court, and the check writer is found guilty, the Judge will usually order the check writer to make restitution to you.
Generally, a bank may cash your check when they receive it, even if your check is paid before the date you wrote on the check.
Section 3.506, Texas Business and Commerce Code, states that you may add a processing fee of up to .00 to the amount of a dishonored check that you are attempting to collect.
This fee plus the amount of the check is the total amount of your restitution.
However, in some circumstances if you give the bank reasonable notice, they will be prevented from cashing it until the date on the check.
In order to prevent your check from being paid until the date you wrote on the check, you must give the bank reasonable notice of the postdating by describing the check with reasonable certainty before the bank receives the check.