Post dating check florida
Each State has a criminal code of law regarding fraudulent checks.
If you are not sure of what is required for your state and county, contact your local magistrate, court attorney, or police department. your failure could cost you not only your time involved, but the value of the check item(s).
While there are differences among the states as to how bad checks are viewed (whether a misdemeanor or a felony) and the remedies available to holders of the bad check against the drawer, there are several general factors that run through the majority of state laws: 1.
In all states the maker of a check, who tenders a check knowing there is insufficient funds or credit behind the check, may be guilty of a crime and may be subject to civil penalties. In the majority of states the crime is treated as a misdemeanor.
In states that make a distinction regarding a felony or misdemeanor, the amount of the check usually determines if the crime is a misdemeanor or a felony.
In several states the law provides for fines and or imprisonment, but does not specify if the crime is misdemeanor or felony. In some states there is a criminal offense only when the bad check is given in exchange for property or for a present consideration.
In other states it is a criminal offense to issue a bad check with intent to defraud or with knowledge of insufficient funds. The intent to defraud and knowledge of insufficient funds is required to be present by most states' bad check laws. It is not necessary for the payee to have actually been defrauded. In most states statutory provisions provide that it is prima facie evidence of insufficient funds (or of intent to defraud) if: (a) the check was not paid by the drawee (bank) on presentation for payment and (b) the drawer did not pay the check within a specified number of days after written notice to the drawer of dishonor of the check.
The prescribed numbers of days for the various states are: 6.
It is suggested that the letter be sent certified mail with a return receipt requested.
However, as a credit grantor you can effectively deal with the majority of routine bad check situations encountered by putting into practice the following procedures: Instruct your bank to re deposit any checks returned for .
This procedure will effectively address any clerical errors the check's maker may have made regarding their bank account balance.
There is nothing more frustrating for the Court than having to deny a person or business a remedy to which they should be entitled because of failure to follow statutory procedures.
In criminal cases, failure to comply with any of the statutory procedures requires Judges to deny the warrant or citation.
For a check drawn on a non-existent account: determined by the court but in no event shall the amount be greater than the amount of the check or $750.