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When Portia Moot paid off a debt she owed to her law school roommate, she gave her a postdated check, dating it one week later
When Portia Moot paid off a debt she owed to her law school roommate, she gave her a postdated check, dating it one week later (planning to cover it with the paycheck she would receive before that date). The roommate deposited the check in her own bank immediately, and that bank presented it to the payor bank before the date of the check. Portia's bank paid the check even though this created an overdraft (for which Portia was charged). Was the check properly payable before its date? See 4-401(c). If Portia had phoned the bank and warned it that she had written this postdated check, would it have still been properly payable? See Vincene Verdun, Postdated Checks: An Old Problem with a New Solution in the Revised U.C.C., 14 U. Ark. Little Rock L.J. 37 (1991). Banks hate postdated checks because the electronic information passed through the system does not include the date of the check. Could banks solve this problem by putting a clause in the checking account by which the customer promises not to write postdated checks and agrees that the bank will have no liability for paying a check before the date of the check? See 4-103; Aliaga Medical Center, S.C. v. Harris Bank N.A., 2014 IL App. (1st) 133645-U, 2014 WL 4415328 (Ill. App. 2014)
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