Forward dating checks
He called the bank the other day and stated that he mailed a post dated check to someone and if we allowed that item to clear his account before the date on the check, we would be liable for the funds coming out of his account.
" Sorry, Charlie, but you'd be on the hook for those fees. Secondly, "mailing" a payment on a bill is a "convenience".
The UCC does not regulate fees that banks charge customers for a notice of postdating or other services covered by the Act.
You should check the young man’s account contract to see what it says about postdated checks and your fee for that service--your account contract with him can amend the UCC (I wonder if he learned that in school? He may owe the bank money for contacting you and using this service.
I am not sure, but I think many banks charge for this service. If the law student has no intention of ever honoring the check, or if it is written against non-sufficient funds and no attempt is ever made to make it good, then it could be construed to be illegal.
If he paid a bill with that check, he may also have breached an agreement he has with a creditor.
Unless he has given your bank notice of the postdating describing the check with reasonable certainty, your bank may charge his account for the check.