Post dating checks in florida
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 order for one to avoid criminal liability by issuing a post-dated bad "check," the person receiving the "check" must have had notice that the check was post-dated.For example, if John writes a check (knowing that he does not have any money in the count and won't get paid until the next month) on January 1st and post-dates it to January 5th, but does not deliver it to Bob until January 5th, then Bob has no notice that this was a post dated check at the time it was written and therefor John may be held criminally liable.However, if John post dated the check to Jan 21st, delivered it on the 5th, and Bob saw that it was post-dated, then John could not be convicted of a crime.
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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.
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.
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Post-Dated Checks And Criminal Liability Under the Penal Law, a check is “any check, draft or similar sight order for the payment of money which is not post-dated with respect to the time of utterance.” Therefore, a bouncing a post-dated check is not going to subject you to criminal liability under New York law.