I. DEFINITION
A check that bears a date later than the date on which it was issued is a post-dated check.
II. COMMENT
In some states, a post-dated check is payable on or after the day of its date being in effect the same as if it had not been issued until that date. The fact that a check is post-dated does not affect its negotiability. Unless ratified by drawer, if bank pays post-dated check prematurely, the old UCC rule was that the bank was liable.
But Nebraska has adopted the revised uniform amendments to U.C.C. Article 4 and § 4-401(c) states:
A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in § 4-403(b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in § 4-303. If a bank charges against the account of a customer a check before that 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 § 4-402.