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User Name Thread Name Subject Posted
GUEST,PeterC BS: Post dated cheques (40) RE: BS: Post dated cheques 19 Aug 11


Any post on this thread should refer to the country whose law applies. The rules differ between UK, USA and Canada.

Nigel's comment that there is no such thing as a post dated cheque is technically correct (UK).

The law changed in 1992 and I don't know if they changed the definition of a cheque then but previously the formal definition was "a bill of exchange drawn on a bank and payable on demand". If it is post dated it isn't payable on demand therefore it isn't a cheque. The fact that a bank's pre-printed cheque form has been used doesn't make it a cheque in law until it falls within date.

If the drawer dies in the meantime then the payee has a claim against the estate and will need to obtain a new cheque from the executor if there is a will or administrator if there isn't.


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