Payees have to bear in mind that only bad checks are considered a violation of regulations.
The remainder will fall under distinct bad check laws within their particular states.
Is post dating checks illegal california
Fraud of any type requires a misrepresentation that the victim relied upon.
You did not misrepresent anything, because you truthfully told the tech support contractor that funds were not immediately available but would be on the date that you post-dated the check.
Although the UCC is not itself a law, it has been enacted in all 50 states (with limited modifications in certain states).
Under the UCC, a check is an order by the “payor” (you, the small business owner) to pay a fixed amount of money to the bearer (or payee -- the tech support contractor).
A negotiable instrument can be made payable “on demand” or “at a definite time.” (UCC § 3-104.) A post-dated check is an order to pay the bearer at a definite time in the future.
Although it is legal to post-date a check, the bank to which the check is presented for payment may charge the payor’s account even before the date of the check and even if doing so creates an overdraft.
Someone who deliberately writes a check for an item while being completely conscious the account is inadequate is defrauding another man.
Those who would like to cash a check knowing the account doesn’t have enough funds may also be breaking regulations.
Now, I learn that he immediately tried to cash the check and it was refused by the bank! But, in general, it is not a crime to post-date a check.
This article discusses general laws about checks, post-dating, and the parties’ rights.
Anytime criminal prosecution is threatened, it is wise to consult with an attorney, whether to ease your concerns about your own actions or to determine if the person threatening is engaging in extortion.