No $ on postdated ck a crime?

Question

Hello,

I had helped a friend with a loan for 10K.

She promised the pay in lieu of post dated checks 12 months. Her first one came thru.

The 2nd, 3rd and 4th(yesterdays) bounced.

I know it is a crime for write NSFs. But is it also a crime to write postdated checks when it bounced?

I have been trying to collect from her but all she has been giving me is a sad story.

I am in Canada and max for small claims is 5K if am correct?

Any suggestions would be so appreciated.

Answer 1

Technically, post dated checks are illegal, regardless of them clearing or not. I am familiar with the Canadian banking system having worked in a bank. Before trying the small claims thing I recommend going to your bank and initiating what is called a Collection. There might be a small fee associated with this service. However, when there is a collection on a bank account, if the person's pay goes in(or some other deposit) or what have you, the money goes towards the debt, and the person won't get access to their money. Unless of course the deposit was more than the debt they owe. The bank then sends you the portion they were able to recover. I think it's your own bank you deal with, but just ask them as you may need to approach the bank the check was drawn on.

The second thing is of course that now you know for next time, lending friends money is sometimes not a good idea. We think they are reliable and then they end up stiffing us. It's sad when it happens.

I do believe the small claims max is 5k, but I'd check with a legal expert to be sure. I'd try the bank collection route. You may also try negotiating with your friend and see if maybe a lower payment can be arranged if you can accept such.  Keep in mind that the bank can only collect on the checks that have a date that is current or already past. They cannot take action on post dated checks. Also, I hope you got the repayment agreement in writing. If you have not, try to now. It could be important later.

Good luck with everything.

Answer 2

Actually it is illegal to post date checks and illegal to take them

Basically you have little Did you get anything else in writing regarding her paying you back??

If so small claims is your only chance

Answer 3

A post dated check is a promissory note,Its the same as an I O U  

Answer 4

time to take her to court

friend or not

bounced checks are illegal

Answer 5

Well, I saw an episode of People's Court one time where Judge Woppner (yes, I am that old) told a defendant that is was as much a crime to post date a check, because that indicates that you KNOW the money is not there. Obviously, that is not criminal court, but the same could hold true.

Answer 6

I believe whether she wrote it then or now, she's obligated to pay.  If she has good intentions to pay, then you should sit down and set up a plan or take her to court...she's not much of a friend!!!  Get her to sign an IOU and then take her to court so she can't say it was just a loan or she can't say the checks were just something you guys were playing around with...take her to court!!!! I don't know what the max for small claims is...if necessary, break it up into two claims if u can!

Answer 7

No, postdating is not a crime. That is how the check advance companies work. You write a check, date it for your next payday, and they give you money. They hold the check until payday and deposit it at that time.

Answer 8

I looked it out and I found a check complaint form.  Does that help you?  

Answer 9

Is she hot?

Any collatoral?

Give the chance to pay up?

Annoying you? If it gets to the point you are annoyed and all avenues are exhausted, you may like to consider a civil suit, or criminal charges with the aim of getting the judge to consider a restitution order.