It's actually illegal to write a check if you do not have the funds to cover it. apparently you can call your bank and put them on notice: Concerning your bank paying a postdated check before its time, UCC Subsection 4-401 states that "a bank may honor an otherwise properly payable postdated check before its date unless the customer has given the bank reasonable notice of the postdating." The notice of postdating is simply a means by which you can place the bank on formal notice that you've written a postdated check, and it orders the bank not to pay the check before the date written thereon.
If, after reasonable notification, the bank makes payment before the pay date on the check, it could be held liable for losses occurring due to its actions. The bank is not legally responsible to hold your check until then (at least in this state).
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Technically it's not but it is illegal to write a check for which you do not have the funds: postdated checks is not wise, however.
That's because it's legal for your bank to pay a check even when it's postdated, unless you've taken the extra step to contact the bank and put it on notice about the postdated check, and requested the bank not to pay it until its date." It's legal.
Some people write "post dated" checks, meaning that rather than the current date, they write a future date on the check, often because they hope you will not cash it before then.
Legally, banks can honor post dated checks at any time regardless of the date on the item.