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   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.

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