Postdating check legal california application screenupdating false meaning
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.
Your mortgage company and your bank are two different the 21st the mortgage company put through all three through Nov was to cashed immediately 12/04/09 Dec post dated for 12/24/09 which put me overdrawn on the 22nd I did not see the third check dated 01/15/2010 as it was rejected by my bank because I was overdrawn.
I gave the Mortgage company which is affiliated with bank of america instructions on when to cash each check submitted.it is legal for the Mortgage company to hold checks and submit when ever they want too??
My bank Bank of America rejected the check and then the mortgage company put it right back through two days later for payment there was still not enough monies in my bank account to cover so my bank had the legal right to honor it even though they orginally rejected it..
In other states it is a criminal offense to issue a bad check with intent to defraud or with knowledge of insufficient funds.
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.Because post-dated checks are a promise to pay in the future, they are not technically viewed as checks.