WHAT DEFENSES MAY BE RAISED TO BAD CHECK PROSECUTION?
A. Postdated check – a check with a date after the date on which the check was presented is considered a postdated check and may not be prosecuted criminally. The postdating of the check creates an extension of credit, even if only for a day, and converts the case to a bad debt situation. B. Stopped payment on a check – a check which was dishonored because payment was stopped, and not because of insufficient funds, may not be prosecuted criminally. C. Payment of antecedent debt – a check which represents payment of an antecedent debt (e.g. – repayment of a loan or payment on an account) may not be prosecuted criminally. D. Statement by the maker of the check at the time of tender that he has insufficient money in bank to cover the check, though he expects to have the money in the bank by the time the check is presented. In effect, the payee has agreed to extend credit and there is no present consideration. E. Prior dealings of the parties. F. Insanity: i. Inability to distinguish right
• Post-dated check – a check with a date after the date on which the check was presented is considered a post-dated check and may not be prosecuted criminally. The post-dating of the check creates an extension of credit, even if only for a day, and converts the case to a bad debt situation. • Stopped payment on a check – a check which was dishonored because payment was stopped, and not because of insufficient funds, may not be prosecuted criminally. • Payment of antecedent debt – a check which represents payment of an antecedent debt (e.g. – repayment of a loan or payment on an account) may not be prosecuted criminally. • Statement by the maker of the check at the time of tender that he has insufficient money in bank to cover the check, though he expects to have the money in the bank by the time the check is presented. In effect, the payee has agreed to extend credit and there is no present consideration. • Prior dealings of the parties. • Insanity: Inability to distinguish right from
• Post-dated check – a check with a date after the date on which the check was presented is considered a post-dated check and may not be prosecuted criminally. The post-dating of the check creates an extension of credit, even if only for a day, and converts the case to a bad debt situation. • Stopped payment on a check – a check which was dishonored because payment was stopped, and not because of insufficient funds, may not be prosecuted criminally. • Payment of antecedent debt – a check which represents payment of an antecedent debt (e.g. – repayment of a loan or payment on an account) may not be prosecuted criminally. • Statement by the maker of the check at the time of tender that he has insufficient money in bank to cover the check, though he expects to have the money in the bank by the time the check is presented. In effect, the payee has agreed to extend credit and there is no present consideration. • Prior dealings of the parties. • Insanity: • Inability to distinguish right fro
A. Post-dated check. A check with the date on which the check was presented is considered a post-dated check and may not be prosecuted criminally. The post-dating of the check creates an extension of credit, even if only for a day, and converts the case to a bad debt situation. B. Stopped payment on a check – a check that was dishonored because payment was stopped, and not because of insufficient funds, may not be prosecuted criminally. C. Payment of antecedent debt – a check that represents payment of an antecedent debt (e.g. – repayment of a loan or payment on an account) may not be prosecuted criminally. D. Statement by the maker of the check at the time of tender that he has insufficient money in bank to cover the check, though he expects to have the money in the bank by the time the check is presented. In effect, the payee has agreed to extend credit and there is no present consideration. E. Prior dealings of the parties. F. Insanity a. Inability to distinguish right from wrong b.
