If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act.
The loss may include damages for dishonor of subsequent items under Section 400.4-402.
(f) Soliciting, purchasing, or receiving an assignment of a claim for the sole purpose of instituting an action on the claim in a court.
(g) Advertising or threatening to advertise for sale a claim as a means of forcing payment of the claim, unless the collection agency is acting as the assignee for the benefit of creditors or acting under an order of a court.
Article 3-113 of the Uniform Commercial Code (UCC), which regulates sales and commercial transactions in all U. states, specifies that the date written on the "instrument" is what determines the date of payment, even if it the date on the check is later than the day when it is issued.
Although legally a check is payable on demand, it is not payable before the date on the check.
Both state and federal law contain provisions that address the cashing or depositing of postdated checks before the date appearing on the check.
The laws can vary from one state to the next, but several states have postdated check laws identical to postdated check provisions in federal law.
(e) Demanding or obtaining a share of the compensation for service performed by an attorney in collecting a claim or demand or collecting or receiving a fee or other compensation from a consumer for collecting a claim, other than a claim owing the creditor pursuant to the provisions of the original agreement between the creditor and debtor.
Commercial organizations often state on their invoices that they do not accept PD checks and all checks will be deposited immediately.
This is an exclusion clause to protect them from legal action.
Writing a postdated (PD) check is legal in Texas and all other U. states; therefore, cashing it before the date on which it is due for payment is not legal.
However, many banks do cash checks presented before the due date, and may not be held liable unless certain steps have been followed to prevent them from doing so.