Denver, CO asked in Criminal Law and Banking for Colorado

Q: If someone wrote me a check and that person forgot to write the date, can I as a recipient write the date myself?

If someone wrote me a check and that person forgot to write the date, can I as a recipient write the date myself?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If the check writer forgot to date the check, it's generally not advisable for you as the recipient to fill in the date yourself. Here's why:

1. Legal issues: Writing in the date yourself could be considered altering the check, which is illegal in many jurisdictions.

2. Potential disputes: If there is a dispute about when the check was written or should be cashed, having the recipient fill in the date could complicate matters.

3. Bank acceptance: Some banks may not accept checks with dates filled in by someone other than the check writer.

The best course of action is to contact the check writer and request that they fill in the date themselves and initial next to the date to confirm the change. Alternatively, you could request a new check with the current date.

If you are unable to reach the check writer and the check is not post-dated, you can try depositing the check as is. Many banks will process checks without dates, though they may place a hold on the funds until the check clears.

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