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The recipient may also impose fees if the check is returned for insufficient funds.

Bad Check Laws Texas Texas Penal Code - Section 32.41.

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Post-dated checks can also get deposited early if the deposit is made at an ATM rather than with a bank teller, as the date may not be noticed.

If a post-dated check is deposited early, the check writer may have overdraft fees if there is not enough money in his account to cover it.

Occasionally, I like to skim through Reddit’s personal finance section for any interesting money topics.

One noteworthy topic had to do with post-dated checks and what happens to them when you attempt to deposit or cash the checks before the date written on them. If I were to post-date a check, it would probably be because I don’t yet have enough funds in my account to cover the check amount.

Texas does make allowances for checks that are post-dated, but for others, the statutes are clear. Texas Penal Code states that a check is considered bad when the person who issues the check (a) knows there are not funds in the account, (b) has no account with the bank the check was drawn on or (c) a payee was issued a check, attempted to cash it within 30 days of issuance, the check didn't clear, the signor was notified and failed to pay the amount of the check within 10 days. Prosecutors are allowed to consider proof of knowledge of a bad check if the check writer was notified after the check didn't clear and they failed to pay the balance of the check plus applicable fees. Texas Penal Code states that those who issue a bad check are subject to (a) time in county jail from 10 days up to two years and (b) paying a fine of up to $1,000.