Postdating check legal california
However, as a credit grantor you can effectively deal with the majority of routine bad check situations encountered by putting into practice the following procedures: Instruct your bank to redeposit any checks returned for insufficient or uncollected funds.
This procedure will effectively address any clerical errors the check's maker may have made regarding their bank account balance.
On checks still unpaid after redepositing or returned because payment was stopped, you should write to the maker advising them of the non-payment, provide details of the check and request in addition to the amount of the check, any appropriate service charges.
It is suggested that the letter be sent certified mail with a return receipt requested.
In other states it is a criminal offense to issue a bad check with intent to defraud or with knowledge of insufficient funds.
The intent to defraud and knowledge of insufficient funds is required to be present by most states' bad check laws. It is not necessary for the payee to have actually been defrauded.
Ex complains that I'm not sending the checks in time for ex to cash it on the day it is due and sometimes acrues late fees for their bills. so My direct deposit has her money go right to her on payday, works out wonderfully. I have to stop her direct deposit for a week or so when my deposit comes in because payroll is payroll and is split no matter what type. It would require her to set up an account as well but it would avoid sharing bank information and everything Ive done processes very quickly.
"Properly payable" means that you made a check payable to the mortgage company and the mortgage company presented your check to the bank for cashing.
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.
It is generally held that the giving of a bad check in payment of a preexisting debt does not fall within the purview of most states' bad check laws.
Since the debt is preexisting the maker of the check did not deprive the payee of any right; procure anything of value from the payee or wrongfully appropriate anything belonging to the payee.