Laws against post dating checks
In this case, if a debtor rides a bad check to a creditor for payment on invoice that bad check law may not cover this type of action.However, if a debtor rides a bad check for cash on delivery order, then the returned payment will fall under the bad check laws of New York.(2) Statutory damages and attorney fees under subsection (1) of this section may be awarded only if the payee made written demand of the maker of the check not less than 30 days before commencing the action and the maker failed to tender to the payee before the commencement of the action an amount of money not less than the amount for which the check was drawn, all interest that has accrued on the check under ORS 82.010 as of the date of demand and any charges imposed under subsection (5) of this section.(3) Statutory damages under subsection (1) of this section shall not be awarded by the court if after the commencement of the action but before trial the defendant tenders to the plaintiff an amount of money equal to the amount for which the check was drawn, all interest that has accrued on the check under ORS 82.010 as of the date of payment, any charges imposed under subsection (5) of this section, costs and disbursements and the plaintiff’s reasonable attorney fees incurred as of the date of the tender.(4) If the court or jury determines that the failure of the defendant to satisfy the dishonored check at the time demand was made under subsection (2) of this section was due to economic hardship, the court or jury has the discretion to waive all or part of the statutory damages provided for in subsection (1) of this section.If all or part of the statutory damages are waived under this subsection, judgment shall be entered in favor of the plaintiff for the amount of the dishonored check, all interest that has accrued on the check under ORS 82.010, any charges imposed under subsection (5) of this section, the plaintiff’s reasonable attorney fees and costs and disbursements.
(1) In any action against a maker of a dishonored check, a payee may recover from the maker statutory damages in an amount equal to 0 or triple the amount for which the check is drawn, whichever is greater.
The person guilty of writing a bad check is the person whose signature is on the check, but the person who passes the check on or even a third party who may have endorsed the check can be charged with check fraud.
Bad check and check fraud laws vary by state and make it a criminal offense to write checks that are denied due to insufficient funds in the check owner's account.
Civil Penalties: Face value of check, plus two times amount of check up to a maximum of 0 on NSF or 0 for "no account" (GEN. Criminal Penalties: Issuing a bad check in New York is a class B misdemeanor and you can face up to three months in jail, or up to 0, or up to double the amount of the drawer's gain from the commission of the offense.
Check with your state statutes or your attorney for the most current information on the State of New York bad check laws.