We enjoy a great working relationship with our Justices of the Peace. Therefore, most cases received by the Hot Check Task Force are prosecuted as IBCs.If the amount of the check or all accumulated checks exceed ,500.00, the case can be prosecuted as felony theft by check.The Hot Check Task Force conducts an investigation that ordinarily involves obtaining documents and analyzing them, and, as necessary, interviewing witnesses by telephone.If the case is one that involves checks, but cannot be prosecuted as issuance of a bad check or a theft by check, or which requires large amounts of peace officer investigation, the complainant will be referred to the police agency with jurisdiction of the case.The main reason the law lets banks cash post-dated checks is that it’s too hard to look at checks for their date.Processing 45,000,000 checks a day is tough enough, without looking at dates.The following question was submitted to John Roska, an attorney/writer whose weekly newspaper column, "The Law Q&A," ran in the Champaign News Gazette. The person didn’t wait to cash it like he was supposed to, and my bank paid it, which caused several other checks to bounce.
The cases that can ordinarily be handled by the Hot Check Task Force without the necessity of a police report are those in which a person writes his or her own check in exchange for goods, services or cash, and in which the victim can identify that person.
But just about anything with the right signature on it is properly payable, including post-dated and overdrawn checks.
Post-dated checks are a risky form of do-it-yourself credit.
The key under the law is that the owner must give the merchandise at the time the check writer renders the check.
Furthermore, inducing a provider of services to provide services by giving the provider a check which the issuer knows will be dishonored by the bank qualifies as deception if the service provider provided those services in good faith reliance that the check would be honored by the bank on which it was drawn.
The bank’s not responsible, since the law lets banks cash post-dated checks before the date on the check.