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Passing or issuing a bad check in New Jersey is a serious crime that should not be taken lightly. In this case, the prosecutor will bear the burden of proving such knowledge.
If you find yourself facing criminal changes in New Jersey for passing, issuing, depositing, or cashing a bad check, be sure to read the following information carefully and contact an experienced attorney. If you honestly and truly did not know, then you cannot be convicted.
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The bank says they don't release the funds til the date on the check, but they're considered "unavailable" for me to use, which is why they were taken out of my account. It's usually the responsibility of the payee to hold the check until the date on the check. I work in a company that receives MANY renewal payments daily, and it's not possible to catch every post-dated check that comes in.
Thankfully, I have a LOC attached to my account, so there are no fees or anything from this. Sometimes it happens, but more often than not, it's missed.
I wrote a check for car insurance, which is due on the 7th. For some reason, the funds were taken out of my account on the 2nd, and because tomorrow is payday (and I budget everything in such a way that I don't keep much extra in checking), it overdrew my account.In some states there is a criminal offense only when the bad check is given in exchange for property or for a present consideration.In other states it is a criminal offense to issue a bad check with intent to defraud or with knowledge of insufficient funds.But I'd been considering closing the LOC, since we're trying to avoid using credit of any kind. It's a huge pain but the best thing to do is date the check the day it's due, and get it into the mail like only 3 days before it's due.IME, if payment is postmarked a reasonable amt of time before the due date, the company will count the pmt as "on time." But this helps ensure that it doesnt get there too early either.