Kokua Line
Kokua Line
I presented a postdated check to my landlord for her convenience, but she cashed the check prior to the date and the bank proceeded to cash it. I had a conversation with three or four people, and they said it was their policy not to look at the date. Does a bank have the right to do this? Yes, postdated checks
can be cashed by banksYes, it does.
But first, an FYI: A landlord cannot require a tenant to present a postdated rent check and this is spelled out in the landlord-tenant code, said Jo Ann Uchida, executive director of the state Office of Consumer Protection.
This obviously was not what happened in your case, but other renters may wish to get more information on this from OCP.
In answer to your question, First Hawaiian Bank spokeswoman Lisa Halvorsen said the Uniform Commercial Code, which governs banks, states: "The negotiability of an instrument is not affected by the fact that it's postdated."
That means customers should not postdate checks "because the bank has the right to either pay it or return it," Halvorsen said.
At Bank of Hawaii, "Many banks try to monitor postdated checks," but some checks come in via ATMs and are not passed through tellers, said spokeswoman Linda Chinn.
"If a bank pays on (a postdated check) in good faith, then the bank is not liable," Chinn said. "That is based on the account agreement."
While banks can process a postdated check, there is a provision in the Hawaii Revised Statutes that gives consumers some protection, Uchida said.
The provision reads: "A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty."
The notice for such stop-payment orders "must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it ... "
I remember as a child at Anuenue Elementary School that health care workers came to give the children an immunization shot. This was in 1968 or 1969. What immunization was this? Not any immunization that state Department of Health officials are aware of.
"If the dates given are correct, public health nurses were not conducting any (shot) immunization clinics at that time," said spokesman Patrick Johnston.
In the early 1960s, school children were given oral polio vaccinations, he said. Students also were given TB tests, while in the early 1970s, blood tests were taken for rubella, he said.
Johnston said each child should have an immunization record covering his/her school years.
Some schools routinely just hand those records over to parents; others retain them along with a student's permanent record, a Department of Education spokesman said. Call the school.
To Schofield Barracks soldier Rivera of New Jersey, who kept me company until police Officer John Coleman came by as I used an emergency phone when my car stopped just west of Ka Uka Boulevard on April 2. Mahalo
It was at night and it was raining. Officer Coleman got me home by continuously trying to jump-start my car. He finally had to push it with his car. -- H.T.
To the young lady in a black Mercedes for parking in the handicapped parking area at Costco Hawaii Kai on a busy day. -- No name Auwe
To someone who found and returned my husband's retirement check. -- P. Silva Mahalo
Need help with problems? Call Kokua Line at 525-8686,
fax 525-6711, or write to P.O. Box 3080, Honolulu 96802.
Email to kokualine@starbulletin.com
