Postdating check illegal illinois
The offense of Deposit Account Fraud is analogous to a theft of the item or services received through the fraudulent presentation of worthless paper when immediate payment is expected.Anything that temporally separates the exchange will negate the concept of present consideration.If the check has been dishonored for another reason you should review the availability of civil remedies for bad checks contained in this file.The check must have been tendered for either wages or present consideration.The issuance of a check on an account which is closed or has insufficient funds may constitute a crime for which the maker of the check may be prosecuted.
Therefore, the protections offered to creditors under the various "bad check" laws may not apply.Each State has a criminal code of law regarding fraudulent checks.If you are not sure of what is required for your state and county, contact your local magistrate, court attorney, or police department. your failure could cost you not only your time involved, but the value of the check item(s).You should review these factors carefully against the particular facts in your case before applying for a warrant or a citation.
The elements of the criminal offense of Deposit Account Fraud (Bad Check) are contained in your State's Criminal Code of Laws.
The following materials are intended to assist you in determining whether to proceed civilly or criminally.