There are both civil and criminal penalties for this unlawful act, although it is much more costly and difficult to prove a criminal case. Always consider your goal: to recover the money or punish the check writer? Civil Penalties by State. Criminal Penalties by State. Payments for COD or preexisting debt: In most cases, NSF checks are not considered under the bad check law if they are used to pay an antecedent debt.
Bad Check Laws In New Hampshire
My January's rent check never made it to my LL. I've never had an issue in the past with losing mail. So he contacts me informing me that he needs January's rent. He acknowledged I am always on time with my rent and he wanted to give me a heads-up he hadn't received it He informed me that I could give the new check to the maintenance guy because he would be meeting him in the near future. To insure there was no delay in February's rent, I enclosed a post-dated check for February 1st as well.
Be Careful with Postdated Checks
If you've ever been the target of a debt collection agency , you've probably been offered the option of using postdated checks to pay what you owe. Most people do not fully understand their rights or liabilities when using this form of debt settlement , nor the laws governing their use and acceptance. While these regulations do not necessarily impose penalties, you should nevertheless be aware that there are instances in which postdated checks presented by creditors but returned by the bank for 'non-sufficient funds' may be deemed fraudulent, and could thereby result in civil and criminal penalties. With that in mind, let's take a look at the current regulations governing post-dated checks given to creditors, collection agencies and banks.
Two potential reasons for this include:. These caveats apply when writing a future date on a check:. In most cases, you can deposit or cash a postdated check at any time. Debt collectors may be prohibited from processing a check before the date on the check, but most individuals are free to take postdated checks to the bank immediately. That said, if you agreed to wait, cashing the check prematurely might be considered in violation of an oral agreement and could be illegal in some jurisdictions.