Can you collect on a check that you knew was not good the day you accepted the check?

Answer 1

It really depends on the law in your state and the specific circumstances of the situation. But generally, you should be able to collect if you knew the check would bounce when you got it, but thought the check would be good at a future time. The check itself is prima facie evidence that the the writer of the check intended to pay you money. Whether the check is postdated or the person who issued the check said to you, "Wait a few weeks to cash this," a check is still considered legal tender, the equivalent of money. In fact, issuing bad checks is a criminal offense. If you haven't already, go ahead and deposit the check in your bank account, so when it comes with insufficient funds (NSF), you'll have evidence of the bad check. Then take the paperwork from the bank to either your local police department or prosecutor's office and press charges. You may then also file a civil suit against the person to collect the amount on the check. Depending on the value of the check and the rules for your jurisdiction, this may be a simple thing you can do yourself in small claims court. In some respects, a check is a promise to pay. If the individual giving the check asks the payee to hold the check for several days, indicating that the money will be in the account at some future point, then surely that is something the holder of the check can rely upon and take action to collect the money if in fact the check was not good on the promised date.