Post dating checks in florida
In a criminal prosecution, the law requires that we prove the identity of the check writer beyond a reasonable doubt.
Therefore, the person who physically accepted the check must complete the affidavit to initiate criminal charges. The reason for the check having been returned must be stamped or written on the check by the bank.
The intent to defraud and knowledge of insufficient funds is required to be present by most states' bad check laws. It is not necessary for the payee to have actually been defrauded.
In most states statutory provisions provide that it is prima facie evidence of insufficient funds (or of intent to defraud) if: (a) the check was not paid by the drawee (bank) on presentation for payment and (b) the drawer did not pay the check within a specified number of days after written notice to the drawer of dishonor of the check.
In situations in which the tenant can be trusted, the landlord has known the tenant to be an honest, on-time payer or the landlord otherwise believes that the money will be in the tenant's account on the date the check posts, accepting a postdated check can be beneficial.
A postdated check does show the tenant's will to pay, and if the funds are in the account on the date the check is cashed the landlord will receive the money.
In states that make a distinction regarding a felony or misdemeanor, the amount of the check usually determines if the crime is a misdemeanor or a felony.
In several states the law provides for fines and or imprisonment, but does not specify if the crime is misdemeanor or felony.
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The person completing the affidavit must answer all questions, and sign the affidavit.
Accepting a postdated check from a tenant may seem like a surefire way to get the money that you are owed, but this does not always lead to payment and sometimes may even lead to further complications.
The tenant may know that he or she will not have the money in time, the check could have a stop-payment placed on it, or the check may bounce.
Waiting to cash a check that has been postdated provides the tenant with time to make other living arrangements, move out or otherwise abort the lease agreement.