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Is post dating checks illegal california

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The intent is a very important component of this criminal charge; if you accidentally wrote a bad check, you will not be charged criminally.

As with many criminal charges, writing bad checks, also called check fraud, can result in jail time.

Some people write "post dated" checks, meaning that rather than the current date, they write a future date on the check, often because they hope you will not cash it before then.

Legally, banks can honor post dated checks at any time regardless of the date on the item.

Criminal laws on bad checks can vary based on the circumstance of the check.

Writing a bad check is what is considered a wobbler crime in California.

In fact, in some states, a check payee can claim damages if a bank refuses to pay a post dated check.

Banks don't have to dishonor stale dated checks, but the Uniform Commercial Code gives a bank the option of refusing these checks.However, some people write bad checks on purpose and those people can be criminally prosecuted.Writing checks you know will bounce, with the intent to defraud the merchant you are paying, can result in criminal charges being pressed against you.Essentially, a bank acted in good faith if they did not notice the date of the check.However, if a bank employee notices the date of the check before cashing it, and does not consult you, courts will often determine the bank acted in bad faith.Laws exist relating to the dating of checks, but if a check is undated, it doesn't necessarily mean you can't cash it.