Is post dating a check illegal in ny

Filing the Complaint The law allows the check writer's knowledge of insufficient funds to be presumed if: (i) the check writer had no account with the bank at the time the check was issued; or (ii) payment was refused by the bank for insufficient funds on the holder's presentation of the check to the bank within thirty (30) days after issue; and (iii) the check writer failed to pay the holder in full within ten (10) days after receipt of notice of the bank's refusal to pay the check.In order to take advantage of the presumption, the holder of the check must: (i) deposit or present the check for payment within thirty (30) days after it was issued; and (ii) give the check writer notice of the bank's refusal of payment, To prosecute the bad check writer, a Complaint may be made, if appropriate, in the Justice Court in the Justice of the Peace precinct where the check was issued, or in which the check writer resides.You will remain subject to arrest until you post bail or otherwise dispose of your case.If you are arrested, you will be required to give bail to secure your release from custody and appear in court at a later time to answer for this charge.The Rules of Evidence governing the trials of criminal actions in the District Courts apply to a criminal proceeding in the Justice Courts.The Harris County Justices of the Peace have promulgated Local Rules.The law presumes that the person knew that the check was bad if (i) the person had no account with the bank at the time of issuing the check, or (ii) the person failed to pay the check within ten (10) days after receiving notice that the check was returned for "insufficient funds." Notice that payment was refused by the bank for insufficient funds may be actual notice, or notice in writing, sent by registered or certified mail with return receipt requested, or by telegram with report of delivery requested, addressed to the person who issued the check at (a) the address shown on the check, (b) the address shown on the records of the bank, or (c) the address shown on the records of the person to whom the check was given.The notice must contain the following statement: "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds.

Fines may be paid by cashier's check or money order payable to the Justice of the Peace.Fines may also be paid in cash or by credit card at the office of the Justice of the Peace.If you pay the fine, no further court appearance is necessary.The Offenses of Issuance of Bad Check and Theft by Check Issuance of Bad Check, Section 32.41 of the Texas Penal Code The offense of "issuance of bad check" is a Class C misdemeanor.It is a crime for a person to issue or pass a check knowing that the person did not have sufficient funds on deposit with the bank to cover the check and any other check that was outstanding at the time the check was issued.

Leave a Reply