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serenityplace95252 | Is it legal to give post dated checks? |
my son's orthodontist is requesting a total of 14 post dated checks in order to pay for the braces my son is going to get. I feel very leary of doing this. has anyone ever heard of this? is it legal? please help! |
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Answerman
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As I understand it, it isn't really legal to wite a post dated check, but if someone will accept one, it's their decision.
When you accept a post dated check, you have, in effect, granted the writer of the check credit. If the check bounces, the only recourse you have is through civil court. The laws regarding check fraud would be very hard to enforce in this situation.
As for whether the dentist can ask you for post dated checks: Why not? He could ask for payment in full before he does the work and refuse to do it otherwise. If the dentist doesn't hold up his end of the deal, you can always put a stop payment on any uncashed checks. |
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magpie
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It is legal, but you have to have very organized finances to have all the checks go thru on the days they are designated, perhaps you should ask the Orthodontist to use your credit card, other than that he can say if you can't give me $4000 for example as a one time bill,he can always refuse to do the work. He is doing you a favor by letting it be broken up over 14 months |
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sshazzam
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Its not illegal as long as you know that you have the funds to cover it. 14 out is a long time. But you gots to do what you gots to do. |
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Frank Castle
 |
Yes |
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trade_info
|
the orthodontist can present those checks to the bank for payment prior to the date you put on them. there is a good chance they will be paid if you have funds in your account. all this varies from state to state. FIND A NEW ORTHODONTIST. Only a scumbag would require this of you.
My dentist is my neighbor, he won't even let me pay him. I suspect he does this with a lot of people. He would never make you post date 14 checks. |
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elizabeth_ashley44
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Most orthodontists will set up a payment plan for you. I would consider looking into another orthodontist. I had a hairdresser who wanted cash up front for a while- turns out he was sending his boyfriend to buy crack for him while he worked...Not saying your ortho is a crack addict, but still- shady! |
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lilgreenpea1
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Most places I've worked at will not allow post dated checks because they've told me its illegal (NY state). |
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moore.janet@sbcglobal.net
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It's legal but I'm not sure about 14 at one time. If that's your payment plan , it sucks. |
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dogloverdi
 |
In Canada, it is legal to give a post-dated cheque. I would think in the States it would be as well. A lot of people pay their rent or mortgage by way of 12 post-dated cheques. Some companies actually insist upon it in your lease or mortgage agreement. If you think about it, you are fortunate that he is not insisting on payment in full. Post-dated cheque show your intent to pay the total amount and saves the involvement of a lot of loan papers to be signed. I know paying an orthodontist is expensive and a drag but it is worth it in the end. Best of luck! |
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tyggerspaws
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i think its legal..but i would be very uncomfortable doing that also..i would ask if there is another way to pay |
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gppo
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I'm sure it is not legal, approach your banks enquiry counter. |
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pearliegirlie31
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i believe if u ask your bank they will tell u that a post dated check is illegal my bank says dont do it |
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Pam Sheer
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Legal, but I'm not sure it's practically a good idea. Legal, because it's a contract b/w you and the ortho. The problem is, what do you do if ortho breaches by depositing a check too early? I've heard from at least one bank in the past that they don't enforce post dated checks, they just deposit them like any other check, I think mostly because they usually don't look at the date. I found one article (see link below) that says you can instruct your own bank not to honor the check until the correct date. But still, that would play havoc with your checkbook b/c you'd never know when the checks would be cashed. You should ask for something conventional like a payment plan or use a credit card. Or, find another ortho. |
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