Sunday, June 21, 2009
Bouncing Checks Not Babies
My Guide to BP 22 Part II
Not every check that bounced should be criminally prosecuted.
When someone issues a check, in exchange for something of value,
so that the victim will part with his goods, knowingly that it will
bounce,is guilty of issuing a worthless piece of paper.
( with fraudulent intent).
It should not be a criminal case, however, if there is a pre-existing
debt and you pay it with a bad check. The victim did not part with
his goods just because of that check.You are just guilty of not
paying your debt!
This is the essence of a “Post-dated check”. It is assumed that it is
not good at the time the consideration is received. Therefore, this
merely represents a loan, with the check as a collateral for that loan.
It would only be a criminal act if there is fraudulent intention.
..which is actually hard to prove.
Still worried? just attend when invited.