can you be charged with a crime for putting a stop payment on a check in florida?

Question

there were two seperate checks given, one was deposited and the other was post dated and the payee knew that the second post dated check did not have the funds in the account. after the date on the post dated check a stop payment was put on the check .that was post dated. can criminal charges be filed (this happened in florida) against the writer of the check even though the payee knew about the account and had suggested the post dated check?

Answer 1

In the state of Florida, writing a bad check can be considered a criminal offense. The severity of the offense depends on the size of the bad check. The maximum punishment (for a felony) is five years in prison or a $1,000 fine.

http://www.ckfraud.org/penalties.html

But there's a reason why most people think it isn't against the law - it is very difficult to convince the police and district attourney to pursue such a case, and it is very difficult to win one. Thus it very seldom happens at all.

A civil court case is much more likely, though I've seen civil cases dismissed when the debtor just coughed up the money seconds before the start of the trial. Hope that helps!

Answer 2

1

Answer 3

You have not given enough details to have an intelligent, informed decision made. I think there is, most likely, far more to this than you are willing to go into on this site. If the stop payment was for the purposes of obtaining goods or services without proper reimbursement, you are in trouble.

Answer 4

Criminal - I don't think so. However, if the payer had no valid reason for stopping payment, he could be fined and have to pay court costs. I would imagine that if the payer gave cash to the payee to cover this check, all would be forgiven?

If any additional costs were incurred by the payee, that should also be included in the settlement. If not, take the payer to small claims. With the post-dated check, the payee should have no problem winning.

Answer 5

it is against the law for any merchant to accept and hold apost dated check on the other hand you should have not post dated it you are both in the wrong was the check good(funds in the account )when you stopped payment secondly the bank will not stop payment on a check that has insifficient funds in the account

Answer 6

First, it is actually illegal to post-date a check.

There is no law against stopping payment on a check. There is a law against not paying your debts. The person who stopped payment would still owe the money.

Answer 7

Post dating is not the issue. If the check was not covered by cash payment or another check, then it is a hot check. The payee can pursue the hot check issue. The amount of the check will determine to what degree.

Answer 8

No..But somebody may file a civil lawsuit.

Answer 9

no