In most states, statutory provisions provide that it is prima facie evidence of insufficient funds if the check was not paid by the bank on presentation of payment and the drawer did not pay the check within a specified number of days after written notice to the drawer of dishonor of the check. The prescribed number of days for Oregon is ten, Montana is five. In most states the criminal provisions regarding bad checks do not apply to post-dated checks, because these checks are a promise to pay in the future, they are not viewed as checks. It has been generally held that post dated checks are not within the scope of most states' bad check laws.

Theoretically, the penalty for writing bad checks is severe, but in reality the holder of the check may find it difficult to secure legal remedy.


http://www.ccaacollect.com/NSFCHECKPAMPHLET2004.pdf