Attempted prosecution for post-dated check?

Question

Hi, earlier this year my husband and I stayed at a hotel for a month. The manager accepted a post-dated check for the next week, which cleared. When we left, we gave him the rest of the money in another post-dated check, which he agreed to hold and did hold till a month later. On the memo of the check it says in big letters "DO NOT CASH UNTIL 9/30/06", which he did. However, it bounced. We offered to pay in payments and he refused, taking it to the DA. The DA just sent a letter saying we need to pay it in 5 days or face a criminal complaint and summons or possibly a warrant. I was under the impression that you could not be prosecuted for post-dated checks, as that is a civil matter, not criminal, and is an extension of credit. Is this legal? Are they just trying to scare me? Should I get a lawyer?

Not only was it post-dated, it ALSO had in the memo line "Do not cash until 9/30/06". So it was clearly post-dated in both places. And the record shows he did not attempt to cash it until that time. I do not have $450 to pay this, he should have accepted payments.

Hey- don't answer a question if you have no idea what you're talking about. Putting

"post dated check" prosecution

in the search engine will result in numerous county/city websites ALL of whom state post-dated checks are INELIGIBLE for prosecution. Read a few of them before you try an answer. Thank you.

Answer 1

What you describe is writing a check and giving it to a hotel manger. You asked the manager not to cash the check until a specific date. You state that the manager waited until that date and the check bounced. Bottom line, you wrote a hot check and unless you pay up, you are subject to prosecution to the full extent of the law. It is a crime to write hot checks.

In my state, any bounced check in the amount of $300.00 or more is a felony (at least a year in jail).

Answer 2

Post dated checks, although done a lot, are not legal. If you write a check and do not have the money in the bank at the time you write it, you can be prosecuted. Why should he be unconvinced taking payments? Pay him what you owe him. Any competent attorney that knows banking laws will take your money, and tell you the same thing. If fact if you write the check today, and deposit the money tomorrow, and the check hits the next day, the bank can actually bounce the check since the money was not in the bank when the check was written.

The following is specific to one state, but most states have similar statutes on the books from about the same time period when federal banking law changed.

On August 1, 1996 the state Statutes regarding post-dated checks were changed. A bank may now pay a post-dated check before the date on the check unless the customer notifies the bank not to pay it.

The notice is similar to a stop payment order. The notice must reasonably describe the check and give the bank a reasonable opportunity to act on the notice. A bank may by agreement with its customers modify these terms.

(And, as they do for a stop payment, it will cost you a fee.)

Answer 3

The banks, credit unions tell you and give you a pamphlet when you open your account not to post date checks. The man may have agreed, but when he attempted to cash the check, the funds weren't there, that is NSF and yes you can be prosecuted. The man can actually charge you more usually twice the amount of the check if he wishes to. Pay the money and be done with the whole thing. Depending on the amount it could be a Felony charge. I don't think they would be trying to just scare you, they can actually prosecute you and if you don't take care of the matter you should be scared, because they will come get you.

Answer 4

It is Illegal to post date a check. You are not supposed to be handing out checks unless there is money in your account at the time you write it. If someone decides to accept a post dated check that is up to them. Unless I read your post wrong you state that he did hold the check until the time requested but it bounced. It Is a criminal matter and is not an extension of credit. You wrote a bad check whether you meant to or not now you have to suffer the consequences. The hotel manager does not by law have to accept payments and does have the right to prosecute.

Answer 5

The problem is that it does not sound as if you post dated the check! If you only put that stuff in the memo line.
Either way, why not just pay the check. It will be cheaper than paying a lawyer and at the end of the court case you will have to pay both the lawyer and the check.
Can you borrow the money from a friend, pawn something, or post date a check to one of those check cashing places.

Check out this link as it clearly states that you WILL be in trouble for this check if you dont pay up

http://fox40.trb.com/news/ktxl-legal_postdatedcheck,0,7039040.story?coll=ktxl-news-3

Answer 6

well the other answer is the quickest way to make them go away BUT you can also contact your bank and tell them to STOP processing and DENY ANY checks presented by Allstate. Then you could send them a partial payment (maybe a few hundred dollars) and make a photocopy of that check and include a letter with your full contact info inc policy number (keep it all for your records) At that point they MIGHT be more appeasable to mailing you a bill HOWEVER keep in mind - they can call all they want. Just don't answer the phone :)

Answer 7

after you do get this resolved it is best to do away with checking and start a savings account.
instead of the bank taking out your money they will put inmoney for you.
when you deposit into savings just forgety about it and soon you will have a lot of money saved up.
then if you need cash you will have it with no questions asked.
its crazy to have a checking account in the first place. cause banks are greedy. the much rather [bounce] your check as look at you.

Answer 8

You post-dated it and he cashed it AFTER the date on the check (which he didn’t have to do by the way, he could have cashed it prior to that). The check bounced. You owe the money. It’s as simple as that. You can be prosecuted, and he didn’t have to agree to accept payments on it.

Answer 9

its a bad check charge...

no different than any other bad check..wothless check charge.

pay it---

don't let it go any further.....

Answer 10

i dunno he is an idiot but a lawyer no too exxpensive pay for that fee and then talk to some2 at the bank about it