G. Bradley Hargrave
There are many valid reasons to write a post-dated check, but doing so has traditionally put both the check writer and his bank at risk if the payee elects to deposit the item early. Why? The risk to the check writer is that the bank will fail to notice the date and pay the post-dated check prematurely, resulting in the dishonor of subsequent checks. As for the bank, it may be liable to the check writer for charging the premature item against its customer's account, since checks paid before their stated date are not considered properly payable.
Banks have never been very fond of post-dated checks. For one reason, electronic check processing equipment focuses on the MICR line at the bottom of the check, which rarely includes the date of the item. Moreover, there is very little chance that a real human being will ever actually review a particular check.
[Rev.] UCC Section 4-401(c) cures the historical difficulties associated with the premature deposit of post-dated checks. Banks may now prematurely charge a post-dated check against a depositor's account, "unless the customer has given notice to the bank of the post-dating describing the check with reasonable certainty."
Banks require that they receive a check writer's notice at such time and in such manner as to afford them an opportunity to take action on the post-dated item. (Banks will, of course, charge a processing fee for this service). In the event, however, that such notice is received, and a bank pays the item early anyway, it may be liable for any actual damages sustained by the check writer, including any damages incurred as a result of the dishonor of any subsequent checks.
