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Luckily, I avoided overdraft fees, but this situation was still quite worrying. What if this created an overdraft and I had to pay expensive fees?
The laws differ from state to state, but the short answer is yes.
An instrument may be a check even though it is described by another term, such as ‘money order.’ §68.065 must be delivered by certified or registered mail, or by first-class mail, evidenced by an affidavit of service of mail, to the maker or drawer of the check, draft, or order of payment.
If notice is properly provided, the maker or drawer will be liable to the payee for, in addition to the amount owing on the check, damages of triple the amount owing, a statutory service charge based on the check amount, reasonable attorneys’ fees, and court costs.
In your notice, you’ll want to provide information such as the name of the payee, your account number, the check number and the amount of the check.
There are some caveats to this, which depend on the manner in which you provide notice to your bank, according to the Consumer Financial Protection Bureau (CFPB): So what happens if the bank cashes your check despite your reasonable notice?
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When you postdate a check, you put a future date on it.