Post dating check laws Chat free online of sexys girls italy
The fact that a postdated check is not honored because of insufficient funds does not, by itself, establish that the maker of the check committed a crime; the prosecutor must prove that the defendant had the intent to defraud at the time of writing the worthless check.
Under Georgia law, proof of any of the above-listed conditions will satisfy the intent element of the crime that is necessary for a conviction.
It doesn't matter what you and John agreed to, you broke GA law, not John's law.
ACTUALLY--- GA LAW MORE SPECIFICALLY STATES: under Georgia's deposit account fraud statute, the defendant is presumed to have written the check with the knowledge it would bounce if: the defendant did not have an account with the bank that the check was drawn on at the time the check was written within 30 days of receiving the check, the recipient presented the check for cash or deposit but the bank did not honor the check because of insufficient funds, and the defendant failed to make good on the check within 10 days of receiving written notice that the check had bounced, or notice mailed by certified or registered mail or statutory overnight delivery is returned to the sender as undeliverable and the notice was mailed to the address on the check within 90 days of being dishonored by the bank.
Debt collectors are prohibited from depositing or threatening to deposit a postdated check prior to the date on the check.
The same law disallows an organization from making the same representation but then cashing or depositing the check without reasonable procedures in place to prevent the premature cashing of the postdated check.Agreeably, some courts don't feel the date on the check makes any difference at all.that it is simply a demand note as of it's issuance.There is a down side to accepting post dated checks...If a creditor accepts a post-dated check in exchange for merchandise or services, in many jurisdictions the seller is considered to have extended credit to the issuer of that check.