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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.
Waiting to cash a check that has been postdated provides the tenant with time to make other living arrangements, move out or otherwise abort the lease agreement.
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It has generally been held that post-dated checks are not within the scope of most states' bad check laws.
It is generally held that the giving of a bad check in payment of a preexisting debt does not fall within the purview of most states' bad check laws.
In most localities it is necessary to file a complaint with the appropriate criminal justice officer such as a sheriff or district attorney to initiate criminal legal action.
In general, most of these criminal justice officers are just too busy with other more serious crimes against the community.The prescribed numbers of days for the various states are:- 5 Days In many states the criminal provisions regarding bad checks do not apply to post-dated checks.Because post-dated checks are a promise to pay in the future, they are not technically viewed as checks.Lamphere holds a Bachelor's degree in business management and is an experienced author, content manager and editor.They have won two games, lost two and drew one in their last five games of the league.However, if the tenant writes the check with the intent to have funds in the account on the date that the check is postdated for, there is no intent to commit fraud or pass a worthless check and therefore no illegal activity has technically taken place.Tags: Adult Dating, affair dating, sex dating