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.