6 thoughts on “Worthless Postdated Checks”

  1. There is a case for felony obtaining property by false pretenses by representing that there will be money in the account to cover the money at a future date, and then the check not be made good.

    • Although the person who passes the bad check may not be liable for criminal liability, can they still be held under NC Gen. Stat. 6-21.3 for civil liability.

    • NC 14-100 (b)Evidence of nonfulfillment of a contract obligation standing alone shall not establish the essential element of intent to defraud.

  2. Do you know of any cases that stand for the proposition that a post dated check is insufficient consideration to support a contract, specifically a residential lease?

  3. What about checks postdated through a bank’s Bill Pay, sent to a Payee, presented for payment early, accepted by the bank early that then bounces?
    I am careful to pay all my bills through Bill Pay, setting the date one day before the actual bill is due. Some my bank pays via check, some they do electronically. They do not inform me in the Bill Pay section which are handled which way.
    One check I set to be paid 2/15/17 when my SS Check would be deposited. The bank accepted it for payment 2/13/17 and paid it, but then dinged my account a $37 NSF fee.
    Upon contacting them, they said they’d return the fee ONE TIME on a courtesty basis.
    I reminded them they shouldn’t have accepted the check for payment before the payment date to begin with, but should have returned the check to the Payee, to be held by them until the check’s posted date was met.
    What is ACTUALLY legal in this situation? The bank dated the check, then honored it before it’s posted date. I never intended for the check to be honored until the money was actually in the account, and I don’t believe I should be liable for that or for the NSF fee either.


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