Capital One Discover Bank. Charles Schwab Bank. Yes, from an online savings or brokerage account. TIAA Bank. Talk to the recipient. Tell the person receiving your check — your landlord, a merchant, a friend or family member — about your situation.
Find out if he or she will accept payment later. Schedule an electronic transfer, such as an online bill payment.
This is a much more precise way to make future payments, and you won't risk sending money before you're ready. Request a stop payment. Your bank provides this service, usually for a steep fee , but you must give it notice. The amount of notice depends on your bank. It's risky to rely on postdating or processing delays to ensure your check clears. Financial institutions now send digital pictures of checks to other financial institutions, so they can be cashed more quickly.
Is it illegal to postdate a check? A savings account is a place where you can store money securely while earning interest. Learn More. LendingClub High-Yield Savings. APY 0. Discover Bank Online Savings. Cash management accounts are typically offered by non-bank financial institutions.
Wealthfront Cash Account. CDs certificate of deposit are a type of savings account with a fixed rate and term, and usually have higher interest rates than regular savings accounts.
In such cases, the defendant's admission, if believed, would provide the required proof of the defendant's criminal intent to defraud the victim with a postdated check. What about cases involving postdated checks where direct evidence of the defendant's knowledge or intent to defraud does not exist?
Typical worthless check laws are written so that the criminal intent requirement necessary for a conviction is satisfied if the prosecutor proves the existence of one or more conditions or facts specified by the statute. For example, under Georgia's deposit account fraud statute, the defendant is presumed to have written the check with the knowledge it would bounce if:. The fact that a postdated check is not honored because of insufficient funds does not, by itself, establish that the maker of the check committed a crime; the prosecutor must prove that the defendant had the intent to defraud at the time of writing the worthless check.
Under Georgia law, proof of any of the above-listed conditions will satisfy the intent element of the crime that is necessary for a conviction. Other states have laws that similarly allow a judge or jury to presume that the defendant had the intent to defraud with a worthless check if certain facts are proven. For example, Maine law allows the presumption of the intent to defraud with a bad check where the writer of the check fails to make good on the bad check within five days of receiving notice that the check bounced; the same statute also presumes intent where the defendant does not have an account with the bank that the check is drawn on at the time the defendant writes the check.
Punishment for committing check fraud , including fraud committed with a postdated check, can vary from state to state, but the laws typically authorize fines, probation, and even imprisonment. A defendant also will have to make restitution to the victim for goods or services received with the bad check. In many states, the severity of the crime is determined by the dollar amount of the worthless check or checks.
A Class 6 felony carries also carries a minimum of a year and a maximum of 18 months in prison and a fine. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Is it illegal to post-date a check? This article discusses general laws about checks, postdating, and fraud. Proving Criminal Intent How can a prosecutor win a guilty verdict if the prosecutor must prove that the defendant had the intent to defraud the recipient of the postdated check? We simplify the law so you can get justice.
Worried about doing this on your own? You may be able to get free legal help. Apply Online. Note: Covid is changing many areas of the law. Visit our Covid articles for the latest information. Can the bank pay a post-dated check before the check's date? Displaying information for [ change ]. Question I wrote a post-dated check to cover an IOU. Last revised.
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