Post dating checks illegal florida
The only exception is where the accused (the check maker and issuer) pays the holder of the instrument (the person who was to be paid with the check) the total amount due, together with applicable service fees, within 15 days after the holder sends written notice of the bad check, bounced check, or worthless check.No crime may be charged in respect to the giving of a worthless or bad check when the payee (the person receiving the check or payment order) knows, has been expressly notified, or has reason to believe that the accused did not have on deposit sufficient funds in the bank to ensure payment.The prescribed numbers of days for the various states are:- 5 Days In many states the criminal provisions regarding bad checks do not apply to post-dated checks.Because post-dated checks are a promise to pay in the future, they are not technically viewed as checks.
Banks don't have to dishonor stale dated checks, but the Uniform Commercial Code gives a bank the option of refusing these checks.
Accepting a postdated check from a tenant may seem like a surefire way to get the money that you are owed, but this does not always lead to payment and sometimes may even lead to further complications.
Unless you are 100 percent sure that the tenant can be trusted and that there will be funds to cover the check when it is ready to be cashed, it may not be a good idea to accept a postdated check.
While there are differences among the states as to how bad checks are viewed (whether a misdemeanor or a felony) and the remedies available to holders of the bad check against the drawer, there are several general factors that run through the majority of state laws: In all states the maker of a check, who tenders a check knowing there is insufficient funds or credit behind the check may be guilty of a crime and may be subject to civil penalties.
In the majority of states the crime is treated as a misdemeanor.