Bad Check Issues

Hello All,

My name is Jack Ives and I am from Portland Oregon. I do freelance web design and it is typical for me to ship the cd's COD to the clients and they pay me. I always verify references before I ship. For this reason, I accept personal checks. Well, a couple weeks ago I shipped a CD with the files to a guy COD. He paid by check, not a problem, but when it came back the check was post-dated to 30 days from the day he received it. He was in Minnesota.

I cashed the check as normal (the check was around $5200). I got the check back a week later and it came back account closed. I am wondering what criminal action I can take in Portland Oregon to recover the funds for this check. Can I take any given as this check was post-dated? Am I just out all that money?

Also, if I can take criminal action, how far will it go? Will he be arrested in MN? Will the local MN police work with my local police? If they do arrest him will they extradite him? I just want to know so I can help decide what action to take if any! Any input would be appreciated. Thanks and have a great day!

Jack Ives

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

Does Oregon count post dated checks in their bad check laws? Also, does it make a difference that it was shipped COD? I could not have known it would be post-dated!

Jack Ives

I am in South Carolina, so I do not know if Oregon counts post dated checks in their bad check laws. The best way to find out is to simply call your local prosecutors office ( district attorney ) and ask. Also, does your business have a policy against accepting post dated checks? In other words, if your published policy is that you do not accept post dated checks, and he sent you one, then you may have legal recourse.

Also, it is possible that the case is actionable, but if the prosecutor isn't willing to pursue it (some smaller jurisdictions won't extradite for misdemeanor charges) you are out of luck. So, finding out how the prosecutor would view these charges ( felony or misdemeanor) is important, too.

The best source of information is the source---the prosecutor who would be the one who would be willing and able to enforce the law if indeed it exists.