If somebody issue me a postdated check then ask me to gave it back to hi if not he will ask the bank to hold?

Question

what is my protection against this case.

Answer 1

More info needed, why is he wanting the check back? Is he planning on paying you right then and there once you give him the check? if you give it back, you have no protection, basically whatever agreement that you and him made is non existant without any real contract. you need to make a copy of that check and keep it for your own records. if you decide to give him the check back atleast you have that. but you need to square away some other form of payment before you discuss giving it back otherwise he wouldnt want the check back so bad. he doesnt want to pay the 30 stop payment fee.

If at all possible  diplomatically hold onto the check until he gives you some other form of payment.

Some people are not going to like this answer, but sometimes its the nice hardworking people who get screwed. what I would do, having had a similar situation, sound confused ask him what is the issue, say ok, ok, and then  cash the check before he puts a stop on it. thats if he is particularly shady. if he gets upset, oh well.

Also you do have options in the future for litigation, if you want it to come to that. thats why i say make a copy (front and back). a bank cannot accept a copy of a check that is nonlegal, so you wont be able to collect with that but you can take him to small claims court with the copy. even then he may say something like its fraudulent. Maybe make a copy in front of a notary, usually there is one at your bank if they are not too particularly difficult to deal with.

Answer 2

A check is an authorization to pay someone right away. If someone issues you a post-dated check, there is nothing preventing you from going to the bank and cashing it well before the date on the check.

There is nothing legally compelling you to give the check back to him. However, if you do not give him the check, he can put a stop on it before you can have it cashed and transferred to you.

You can either run to the bank and cash it ASAP and just hope he doesn't stop it in time, or you can give it back to him and hope he pays you at a later date.

To avoid this in the future, use a contract to reach an agreement. That way, if the next person doesn't pay, you can sue them for breach.

Answer 3

say what????

Answer 4

if it were me, i'd suspect the person's probably strapped 4 cash & has probably run in2 a fuimamcial emergency where they MUST stop a check from B'n cashed, I had 2 do this 1 time & I H8 having 2 do it. when cash flow's low & U run in2 an emergency & have NO other way of getting by, sometimes U MUST cut corners SOMEwhere, & SOMEtimes U much decrease pmt where yer sending 2 lg of 1. 4 example, if yer annual incomes below poverty level, sometimes u just cannot make ends meet, i'd been there & should KNOW how it is 2n let bills go that need pd & get further in debt.

Best Wishes!!!