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November 21, 2008 
John Ritter provides legal advice, legal tips, and legal information
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  Check Bounces  

 

When the postdated check Mike gave the plumber bounced, the plumber had him arrested for issuing a worthless check.

"I was nice enough to accept a postdated check for the work I did," the plumber complained at the trial. "Then when I tried to cash it the day after it was dated, it bounced like a rubber ball. Mike should go to jail for passing a bad check."

"I didn't mean to write a worthless check," Mike explained apologetically, "I thought I've have enough money to cover the check when it came due. Things just didn't work out for me."

If you were the Judge, would Mike go to jail for writing a bad check?

lawMike was found not guilty. The Judge ruled that an essential element of the crime is the intent to commit "fraud." He added that a postdated check implies there is no money on deposit and is merely a promise to discharge an obligation at a future date. (Based on a Georgia Court case.)


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