We took a post dated checks to help a couple out,,,?

Question

We took a post dated from a couple ... thay are not wanting to pay .. for the money we gave them for the check,
so if we cash them.. will thay be prossicuted? it is in the amount
totaling about 9000.00 the one person works for the state ..what can we do? please help....

Answer 1

In most states, if you take a post dated check you take it at your own peril. The person who wrote out the check told you there were not sufficient funds in his account. Therefore, he committed no fraud. Most DA's will not prosecute. I could try to cash the checks at the issuing bank. If the checks are dishonored, you STILL have a claim for breach of contract.

You will not commit a crime if you deposit them. You have no idea if the money is there or not. So, to recap:

Present the check to the bank and/or deposit.

If the checks are dishonored, you can contact the DA, but more than likely they will say it's a civil matter.

File a suit for the money. MAKE SURE YOU HAVE PROOF THAT YOU GAVE IT TO THEM.

EDIT: There is no liability on your part for cashing the checks or depositing them. You have an absolute right to get your money according to the terms of your agreement. In this case, the checks are the contracts. If you tried to cash them before the post date, PERHAPS they would have a claim. The only way you could be prosecuted is if you took the cash from them and THEN tried to cash the checks.

Answer 2

Your exponation is not clear. I believe the couple owes you money, and that in payment, they gave you a post-dated check. You do not believe they intend to pay, the check may not have the funds, and you are asking what legal recourse you may have.

First, the money itself. If it was a loan, and you have some receipt, your chances are good in court. If it was that you gave them money and that they gave you a postdated check, your chances are less good. Oh, the check is a form of receipt, but they may say it was forged, or falsified. Much depends on the other circumstances.

Your best bet is to wait until the proper date, then deposit the check. If the check bounces, you would have to sue. A bounced check is not by itself a prosecutable offense. You would have to sue to get back your money.

You may be tempted to deposit the check now, but that is not a good idea. If the check bounces, the couple may say they acted in good faith, but that you rushed even if they clearly told you to wait. The argument that you rushed in one thing, then may have rushed in another can be used should the matter come to court. No, your best bet is to wait until the check date.

The best strategy is to wait to cash the check, with two exceptions. If you have reason to think the couple may flee, or if the date on the check is too far in the future. If you suspect fraud, it is best to talk with a lawyer. You do not give here much information in this site, but a lawyer with more information may counsel you better.

Answer 3

Make an attempt to cash the check first. If its rejected you then have the option of filing a criminal complaint. The county attorneys office usually has someone that handles bad checks and you can discuss your options with them. They will likely be prosecuted if they do not make arrangements to honor it.

The comment about knowingly cashing a worthless check is incorrect, unless you are passing it off to someone else. You have the right to take it to the bank the check was written against. The only problem is with the one writing the worthless check.

Answer 4

You have left out very important info:

1. Do you know these people. If yes for more than a year?
2. What kind of check. Does it have Name and Address
3. If you do not know them or you met them recently is it possible you have been scammed.
4. If you do think it is a scam report it to the Police NOW. No time like the present.

Good luck

Answer 5

If you knowingly cash a worthless check, you will be prosecuted. They will also be prosecuted for issuing such a check. In other words, you'll all end up in court.

Even if the bank credited the money to you, they would take it back again as soon as they discovered there were insufficient funds - generally, you cannot withdraw such funds until the paying bank has confirmed the money is available.

Answer 6

I think you better check with an attorney because in some states a post dated check is illegal. I hope you get your money but this is usually how it goes when you try to help someone.

Answer 7

If you gave them the money for the check(s) in good faith, expecting and trusting them to pay it back, then yes, cash it!! Don't ever, ever take a post dated check for anything. And if they are prosecuted, it's their own fault, not yours........after all, they DID give it to you to cash.

Answer 8

Call your local area's office for your State Attorney and ask if you have a case. I believe in most states if you accept a post-dated check from someone you are acknowledging that they don't have the money to cover it at the time and I don't think there is anything you can do. Sorry :(

Answer 9

Cash the check.

By them giving you the check - regardless of their desire to pay you for it or not - you are then authorized to cash that check. And if it bounces, for the amount it is written for, they can be prosecuted for check fraud and do time in prison for it.

And the one that works for the state - they may just lose their job over this entire thing if it goes criminal (which it will if the check bounces. . .).

Answer 10

cash it!