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Postdating check legal california

However, if the debtor provides a creditor with a NSF check for a COD order, then that act does fall within the bad check laws.

Court shall also order restitution to plaintiff; defendant shall pay court costs if convicted. Issuing check for ,000 or more, maximum fine of ,000, imprisonment up to 10 years, or both, Issuing check for 0 or more, up to ,000, maximum fine of ,000, imprisonment up to 5 years, or both.

In other cases, the Fed clearly acknowledges the widespread practice of postdating.

Here they talk about how a bank can hold postdated redeposited checks and here they ban debt collectors from telling debtors they'll cash postdated checks before the date on them.

Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.

The guilty party of a fraudulent check is usually the person who signed the check, but it could also be the person who fraudulently passed it on, or even a third party who endorsed and passed the check on to another.. On stop payment, 15 days following written demand to drawer's last known address, holder may collect fee not to exceed ; failure to make restitution and pay collection fee will result in liability of twice the amount of check but in no event less than . Amount of check plus lessor of: if no bank account - 0 or amount of check; or if insufficient funds - 0 or amount of check.

779 comments

  1. Oct 26, 2016. Banks and credit unions generally don't have to wait until the date you put on a check to cash it. However, state law may require the bank or credit union to wait to cash the check if you give it reasonable notice. Contact your bank or credit union to learn what its policies are. Was this page helpful to you? Yes.

  2. Jun 3, 2015. While it certainly wasn't illegal for M. to provide a postdated check, it also wasn't illegal for the dealership to deposit the check or for the bank to take out the funds needed to cover that check, regardless of the date. That's because once a check is signed it becomes legal tender, and, according to the.

  3. There's nothing wrong with post-dating a check and asking the person you owe money to hold off on cashing it. People do this all the time, and it's not against the law. Problems crop up when the person holding the check jumps the gun and takes it to his bank anyway. Banks aren't obligated to wait until the date on the.

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