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The check is dated September 5 and represents the full payment on one of the company's accounts receivable.
To defraud someone in such a way for goods and services is illegal in all states.
Punishment for perpetrators varies from state to state, but includes fines, probation and imprisonment, depending on the severity of the fraud, as well as restitution to the person, people or entity defrauded.
Federal law regarding postdated checks relates to debt collection.
For example, it prohibits debt collectors from accepting checks postdated more than five days away, unless the debt collector has notified the check writer in writing it will do so.
A recipient can also check with her bank to see if it will cash it before the check's date, which the bank should not do if the writer has requested it doesn't. In West Virginia, for example, the law prohibits someone from requesting or accepting a postdated check if he intends to deposit or cash it before the check's date.
If he does cash it early, he can be made to pay fees and costs as well as potential civil penalties.
Also, debt collectors cannot threaten someone with cashing postdated checks early.
Debt collectors breaking these rules could face civil penalties.
Most state laws say that if you notified your bank about a post-dated check in writing a reasonable time before it receives the check, your bank is legally required to honor your request for six months or the bank will be liable for your fees.
With an oral notice, your request is good for only 14 days.
A postdated check—a check with a date that is later than the current date—is not considered to be currency.