[bc250]

I recently received two checks. One with current date cleared bank. The other was post-dated. I held it a couple of days after due date. I personally took it to bank and it could not be cashed. Does it become a criminal offense if not good on due date. The account was still active.

[Fr_Chuck]

It can, you have to try and cash it, get it stamped for NSF. At that point, normally it goes to civil court for collection or judgement, But you can also contact the DA about criminal charges. The amount of the check may also be an issue.

Normally collection activities are done first, like calling and demanding your money.

[MOWERMAN2468]

Well, the money should have been there if someone give you the check. Did you contact the person that wrote the check to see what the problem was?? I'd try that and I always try to cash a personal check at the individuals bank. The reason being is that I have cashed a check at my local bank from an individual that was being written on another bank and the check was bad. The bank deducted the amount of the check plus a returned check fee to me and my account. Then we presented the check again and it was paid that time. But I had to pay for someone else giving me a bad check. Always try to carry the check to the bank on which it was written.

[excon]

Does it become a criminal offense if not good on due date.

Hello bc:

No. The date isn't the determining factor. His INTENT is. If it's a mistake, or even bad planning, it's civil. If, however, he intended to beat you out of your money, then it's criminal.

Of course, getting a prosecutor to DO something about it is another matter.

excon

[missk]

FYI... There is no such thing as a post dated check in the legal world. If it's December 20 and the check is postdated for December 21... you will still be able to deposit the check on December 20.