Postdating a check in texas
This is not necessarily true, however, as there are some banks that will actually accept postdated checks and will deposit funds into the check holder's account in exchange for the postdated checks, even before the date of the check's date has come.
The primary distinction of postdated checks in this instance, then, is that a postdated check cannot be drawn from the checking account of the drawer on a date prior the date listed on the check.
Postdated checks are perfectly legal, as long as they are not being used for illegal purposes.
For instance, a postdated check cannot be used with the intent to prevent any money from being drawn from a checking account by receiving whatever goods the drawer buys from the payee with the postdated check and then canceling the check before it can be drawn by the payee.
There are two offenses in the Texas Penal Code which can be used in dealing with hot checks: Theft (P. This notice must be sent to the person by certified or registered mail with return receipt requested.
Postdated checks are written to be drawn from the checking account only after a certain date.
If your case goes to court, and the check writer is found guilty, the Judge will usually order the check writer to make restitution to you.
Section 3.506, Texas Business and Commerce Code, states that you may add a processing fee of up to .00 to the amount of a dishonored check that you are attempting to collect.
This should minimize the number of worthless checks that you accept and reduce the possibility of our office being unable to prosecute the check writer.
It is important to understand that NOT all worthless checks are criminal matters. These offenses range from Class C Misdemeanor to Felony of the first degree, depending on the amount of the check.