Originally posted by: Stefan
How is this not illegal?
There are strict federal guidelines on this. It is all written out in the Expidited Funds Availability Act.
Short version: depending on the source of the check, federal law states that banks have up to 11 days to deposit the check. If you spend it sooner than the 11 days you are risking being overdrawn, late fees, bounced checks, and even possibly being arrested if the bounced check is large.
Long version:
read this link.
[*]Government checks must clear by the end of the following business day (total 2 business days including the business day that you deposit it).
[*]Local checks from the same bank: 3 business days total.
[*]5 business days total for most non-local checks.
[*]5 business days total for most ATM deposits.
[*]9 business days total for certain check exceptions. Since 9 business days always includes one weekend, this becomes 11 normal days.
If you don't like this practice, you need to fix federal law. The reason for the law is to give banks time to do most of the work needed to ensure the money will be there to transfer to your account. Note: Forged checks require more time, since there may be money to transfer but the check itself was illegal. In that case, I don't know the exact time limit the bank has to prove the check was a forgery - it may be months or possibly years for the check to fully clear under federal laws.