Post dating checks law florida

A person is presumed to have the intent to defraud or knowledge of insufficient funds in the drawee bank unless he or she, or someone for him or her, have paid the holder of the worthless check the face amount of the check, together with a service charge not to exceed the service fees authorized under Section 832.08(5) of the Florida Statutes or an amount of up to 5 percent of the face amount of the check, whichever is greater, within 15 days (30 days for civil actions) after receiving written notice that such check has not been paid to the holder thereof, and bank fees incurred by the holder.§ 832.07 This penalty does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the maker did not have on deposit or to the maker’s credit with the drawee sufficient funds to ensure payment, § 832.05(2)(a).) The required Notice must be mailed by certified or registered mail, evidenced by return receipt, to the address printed on the check or given at the time of issuance and may be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice is returned undelivered or not as set forth above.

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The laws differ from state to state, but the short answer is yes.Ask first: What’s more, a postdated check might not be an acceptable form of payment.You’re allowed to to pay with a postdated check, and businesses are allowed to reject those payments because you haven’t really made a free-and-clear payment.If you won’t have the funds available at the time the check is written, you might consider postdating the check.For instance, if you’ll be out of town when rent is due, but don’t have the funds to pay rent early, you might postdate your check.

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