Notice of Postdating. At your risk, upon your request, and subject to the provisions outlined below, we will accept a proper and timely notice of postdating to prevent the payment of an order/check before the date written on it. A notice of postdating may be given by any owner of or authorized signer on the account. You will pay our fee for notice of postdating. If the order is presented before the date written on it, we may return it unpaid in any manner consistent with applicable Federal Reserve and clearinghouse procedures. You will hold us harmless from all expenses and costs incurred by us, including attorneys’ fees, in refusing payment on the order/ check. Because our processing of postdated orders/checks is automated, your notice of postdating must provide us with the exact: date written on the order/check; amount of the order/ check; payee; order/check number; account number; and any other information we may require. If you do not correctly provide all of this information, we will not be liable if the order/ check is paid before the date written on it. . In any event, our liability for early payment of an order/check for which we have received a proper and timely notice of postdating is limited to your actual losses, up to the amount of the order/check. If we re-credit your account after paying a postdated order/check over a proper and timely notice of postdating, you will transfer to us all of your rights against the payee or other holder of the order/check and assist us in legal action taken against that person. You understand that any holder in due course of the order/check, including us, may be entitled to enforce payment against you despite your notice of postdating. Our receipt of your notice of postdating is not timely and comes too late if: we have indicated in any manner that we will pay or honor the order/check as drawn; the order/check is already in our processing system; or we do not have a reasonable time to act upon it (and you and we agree that receipt of a notice of postdating on the same day as the order/check is presented to us does not give us a reasonable time to act on the notice of postdating). A notice of postdating must be made in writing and is effective for 6 months following our receipt and must be renewed in writing. If you fail to renew a notice of postdating before it has expired, you shall be deemed to have consented to payment of the order/check at any time. In any event, a notice of postdating will cease to be effective at the earlier of...
Notice of Postdating. A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and charge Your Account for a postdated check even through payment was made before the date of the check, unless We have received written notice of the postdating in time to have a reasonable opportunity to act. Because We process checks mechanically, Your notice will not be effective, and We will not be liable for failing to honor Your notice unless it precisely identifies the number, date, amount, and payee of the item. In any event, Our liability for failure to properly process a proper and timely notice of postdating is limited to Your actual losses, up to the amount of the order/check. If We re-credit Your Account after paying a postdated order/check over a proper and timely notice of postdating, You will transfer to Us all of Your rights against the payee or other holder of the order/check and assist Us in legal action taken against that person. A notice of postdating must be made in writing and is effective for six (6) months following Our receipt and must be renewed in writing. If You fail to renew a notice of postdating before it has expired, You shall be deemed to have consented to payment of the order/check at any time. In any event, a notice of postdating will cease to be effective at the earlier of the date written on the order/check or the expiration of the notice of postdating, and the order/check may be paid by Us and charged against Your Account if presented to Us after that time.
Notice of Postdating. A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and charge Your Account for a postdated check even through payment was made before the date of the check, unless We have received written notice of the postdating in time to have a reasonable opportunity to act. Because We process checks mechanically, Your notice will not be effective, and We will not be liable for failing to honor Your notice unless it precisely identifies the number, date, amount, and payee of the check. In any event, Our liability for failure to properly process a proper and timely notice of postdating is limited to Your actual losses, up to the amount of the check. If We re-credit Your Account after paying a postdated check over a proper and timely notice of postdating, You will transfer to Us all of Your rights against the payee or other holder of the check and assist Us in legal action taken against that person. A notice of postdating must be made in writing and is effective for six
