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The maker of the postdated check must have the intent to defraud at the time of writing the postdated check. For example, under Georgia’s deposit account fraud statute, the defendant is presumed to have written the check with the knowledge it would bounce if: The fact that a postdated check is not honored because of insufficient funds does not, by itself, establish that the maker of the check committed a crime; the prosecutor must prove that the defendant had the intent to defraud at the time of writing the worthless check. A defendant also will have to make restitution to the victim for goods or services received with the bad check.
Postdating a check refers to writing a check but putting a future date on the check instead of the date that the person writes the check.
In my 30s, or at least until my late 30s, I never imagined I would be single in my 40s. And while I would be so grateful to find a for-the-rest-of-my-life kind of love (and with God's help, motherhood) without delay, I'm right here and right now, single and in my forties.
I choose to accept and appreciate my extraordinary life, and continue to live my life to its greatest potential.
I certainly had never expected to be single in my 40s. I've experienced too many disappointments, too many curious events, too many heartbreaks to know that my experience guides me well.
Still, I find myself remarkably happy most of the time. But I haven't ever lost my optimism that my love is out there, his own experiences and learnings behind him, too. I simply enjoy each experience, each short or longer relationship, knowing they get me one step closer to the next.
There are moments, of course, of frustration and grief over not having love, marriage and children. He has to move it because [fill in the blank] and I say, "Of course, I understand. I am optimistic that we have both learned enough to be vulnerable to the possibility of love this time around. I've learned that being single is not the same as being alone. Sure, I've had summer weekends where I was home alone working on my next book or my business, when it felt like everyone else was at the beach.
But I have come to realize that I'm happy despite the fact that my life did not turn out as expected. And I've spent my share of holidays preparing a three-course dinner, pouring myself a glass of wine, only to enjoy it all by myself.
But my friends are there for me in the worst of times and the best of times and more importantly, in all the times in between.
I've learned in my forties that being single is rarely lonely when you've cultivated strong relationships with others. In my 20s, I never imagined I wouldn't be a mother in my 40s.
Technically speaking, because I mail my check in, isn't this post dating it? My response: First of all, postdating a check is not "illegal." However, if you read the Uniform Commercial Code, a bank will take a check regardless of the date.
So, if you've postdated a check, and the payee cashes the check, that's the date the funds will be taken from your account - - or if there are insufficient funds, then you'll be in hot soup.
But, what if the recipient attempts to cash the postdated check at the future date, but the check bounces? A person writing a postdated check may violate the law if the check is returned by the bank to the recipient because the maker’s account does not have the funds on deposit necessary to cover the check. What about cases involving postdated checks where direct evidence of the defendant’s knowledge or intent to defraud does not exist?