Is post dating checks illegal in california
Practically every US state has passed a law declaring forgery to be illegal and punishable and Congress has also passed its own legislation pertaining to the crime.When a person is charged with check fraud, the bank involved in the matter usually presses charges against the fraudulent party.The loss may include damages for dishonor of subsequent items under Section 4-402.(d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to: (1) the original terms of the altered item; or (2) the terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.
The notice is effective for the period stated in Section 4-403(b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in Section 4-303.If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act.In court, check fraud or forgery must be proven with the intent to defraud another person or institution.In order for prosecution to be continued, it is not required that there be proven injury to an innocent party.Writing a bad check with fraudulent purposes is a serious offense accompanied by serious check fraud penalties for those found guilty.
Check fraud specifically may involve signing another person’s name to a check, forging a signed endorsement or signature on a check, altering the writing on a check, constructing a fake check, or purposely writing bad checks to merchants. Depending on the severity of the crime, the law may consider the forger guilty of a misdemeanor or felony.