Is post dating checks illegal in florida consildating debt

First, check to see if the Statute of Limitations has expired.

Many states limit collection fees to a certain amount such as $100 or to a percentage of the face value of the check and prohibit interest charges.

The FDCPA, Section 808 makes it an unfair practice to collect “any amount (including any interest, fee, charge or expense . .) unless such an amount is expressly authorized by the agreement creating the debt or permitted by State law.” Debt collectors may attempt to collect a fee or charge in addition to the debt if either: (A) the charge is expressly provided for in the contract creating the debt and the charge is not prohibited by state law, or (B) the contract is silent but the charge is otherwise expressly permitted by state law.

Practically every US state has passed a law declaring forgery to be illegal and punishable and Congress has also passed its own legislation pertaining to the crime.

When a person is charged with check fraud, the bank involved in the matter usually presses charges against the fraudulent party.

Although there have been some misdemeanor charges brought on, since most check fraud involves large sums of money and frequent instances of deception, most cases are considered felonies.

Check fraud in America can carry severe penalties including fines up to one million dollars, a prison sentence exceeding 30 years, or a combination of both punitive actions.

In court, check fraud or forgery must be proven with the intent to defraud another person or institution.

In order for prosecution to be continued, it is not required that there be proven injury to an innocent party.

Writing a bad check with fraudulent purposes is a serious offense accompanied by serious check fraud penalties for those found guilty.

Check fraud specifically may involve signing another person’s name to a check, forging a signed endorsement or signature on a check, altering the writing on a check, constructing a fake check, or purposely writing bad checks to merchants. Depending on the severity of the crime, the law may consider the forger guilty of a misdemeanor or felony.

You thought you had enough money to cover the check and can show where the mistake was made thus proving your good intentions.

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