I was given a forwardly dated, admittedly bad check a week ago in South Carolina, myself and they have tried numerous different ways to make this check right, and at this point I just obviously can tell that they are lying to me and they don't have the money and they really don't have any plans of giving me the money, so my question is what should I do? I could deposit the check into my account let it bounce, and I believe that the amount is probably enough to make it a felony, so my question is should I do that?
Bad Check, what would you do?
68908
21 - 40 of 67 Posts
Joined
·
90,599 Posts
I do not think Situation B would be criminal, either. Civil. Hopefully you took security in the tractor for nonpayment of the debt.
Joined
·
90,599 Posts
I do not know the law in South Carolina. Maybe a post dated check can be a crime there. It's not in Georgia. It's debt and a civil matter.
Joined
·
12,228 Posts
Question Deleted. I re-read your post.
How does an agreement for one future payment differ from a series of future payments?
Joined
·
90,599 Posts
I do not contend that it does.
Joined
·
12,228 Posts
Lol! Lawyers... So you contend that bad checks presented for future payments are not criminal? That seems to disagree with GS's opinion, am I reading that correctly?
Just trying to understand...
Joined
·
90,599 Posts
I disagree with gunsmoker. I have not researched it. I am basically going off the top of my head, so take it for what it is worth, which is about what you paid for it.
Joined
·
12,228 Posts
I still appreciate the insight you guys offer. If nothing else, I learned about past/present/future consideration today.
Joined
·
10,294 Posts
Under banking rules a post dated check means nothing. Date on a check don't matter at all as to whether or when it is cashable.
In fact, you will find most all common sense things that would make a bank liable for something - really don't. They have had years of lobbying to fix the laws.
In fact, you will find most all common sense things that would make a bank liable for something - really don't. They have had years of lobbying to fix the laws.
Joined
·
32,702 Posts
A post-dated check cannot be the basis of a bad check criminal case in Georgia.
I believe caselaw says so, in addition to the "present consideration" language of the Code itself. And, if you visit some of the websites of the Magistrate and State Courts around Georgia, many of them have "guidelines" that give examples of what could be, and what cannot be, considered "present consideration."
I looked up just a couple cases, and I think I was wrong about payments for the SALE of a vehicle. Only the first check, if given at the time of the original deal or pretty close to that time (days, not weeks) would be part of the deal itself, presently.
BUT FOR THE RENTAL of a vehicle, or renting a home or office space, or renting anything else, that's one of those special situations where the legislature has declared that they "are" present consideration. And a 1980 Georgia Supreme Court case says that there's a good reason for that-- since offering a bad check to keep something you've rented will have the effect of preventing or delaying the owner of the property in repossessing it. The Court found this law, and specifically the "rent payments = present consideration" aspect of it constitutional and not in violation of the "no imprisonment for debt" constitutional mandate.
(That's Cobb v. State, 246 Ga. 567 (1980).
More recent cases add that whether a deal is ongoing or has already been completed in the past may depend on many factors specific to that case, so there's no bright-line rule about the issue of when the goods or services are handed-over on one side vs. when and where the check is delivered. It's a totality of circumstances analysis (which means judges and juries have all the power to go whichever way they want it to go!)
I believe caselaw says so, in addition to the "present consideration" language of the Code itself. And, if you visit some of the websites of the Magistrate and State Courts around Georgia, many of them have "guidelines" that give examples of what could be, and what cannot be, considered "present consideration."
I looked up just a couple cases, and I think I was wrong about payments for the SALE of a vehicle. Only the first check, if given at the time of the original deal or pretty close to that time (days, not weeks) would be part of the deal itself, presently.
BUT FOR THE RENTAL of a vehicle, or renting a home or office space, or renting anything else, that's one of those special situations where the legislature has declared that they "are" present consideration. And a 1980 Georgia Supreme Court case says that there's a good reason for that-- since offering a bad check to keep something you've rented will have the effect of preventing or delaying the owner of the property in repossessing it. The Court found this law, and specifically the "rent payments = present consideration" aspect of it constitutional and not in violation of the "no imprisonment for debt" constitutional mandate.
(That's Cobb v. State, 246 Ga. 567 (1980).
More recent cases add that whether a deal is ongoing or has already been completed in the past may depend on many factors specific to that case, so there's no bright-line rule about the issue of when the goods or services are handed-over on one side vs. when and where the check is delivered. It's a totality of circumstances analysis (which means judges and juries have all the power to go whichever way they want it to go!)
Joined
·
32,702 Posts
P.S. In Georgia , these are the special circumstances that the legislature has announced will be "present" consideration:
* Wages (see the first line in 16-9-20).
(for all other things below, see subsection "f")
* rent
* child support supported by an order or written agreement
* taxes owed to the State
* a check offered to entice a existing creditor to extend one’s credit
* checks given in exchange for a waiver of certain lien rights.
* Wages (see the first line in 16-9-20).
(for all other things below, see subsection "f")
* rent
* child support supported by an order or written agreement
* taxes owed to the State
* a check offered to entice a existing creditor to extend one’s credit
* checks given in exchange for a waiver of certain lien rights.
Joined
·
12,228 Posts
Oh, what a shocker. Anyone else's debt, except the state...
Actually, that makes sense. Ignoring repossession laws, the renter would stop future benefit at that moment absent the payment. So in effect you have paid a debt in arrears AND made a deal (presently) for future use.
Many thanks to you both for the discussion and education!
Joined
·
90,599 Posts
Georgia has nothing to do with EJR914's dispute.
From the SCBar:
https://www.scbar.org/public/get-legal-help/common-legal-topics/south-carolina-bad-check-law/
Joined
·
90,599 Posts
This looks like a civil dispute, in whatever court in South Carolina has jurisdiction over the debtor and the amount in dispute.
Sorry, EJR914, there is no criminal action to be filed for a bad check based upon the facts you have provided.
Sorry, EJR914, there is no criminal action to be filed for a bad check based upon the facts you have provided.
That's pretty funny, because options that are illegal to me now, would be permitted, so I wouldn't have to try to depend on the government, but I did get my money anyway, without the use of the government or the bank.
I didn't make or design this system, but I am living in the middle of it, so I do like to know my options since you guys are sort of forcing these options on to me, while agreeing to make other options that would normally be open to me illegal.SAVAGE
Somebody had to do it.
I do hope he gets his money back
I do hate to be so crass, it was brought up, but if anything this has solidified my positions, and if anything after reading these replies in this thread, and seeing how ineffectual the government is about doing anything, and realizing how many thousands of dollars I would lose in wages trying to fight it out in small claims court, or lose thousands hiring an attorney to take care of it, I see just how pointless the government really is, and I was able to find a more than adequate solution with a private option.
Joined
·
3,408 Posts
You did not call me so am assuming you found your own gentlemen that know their way around a blow torch and pliers
For a man who supposedly has so much money, he sure did take a long, painful time to cough it up
21 - 40 of 67 Posts
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
