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PC 476 check fraud primarily deals with making, passing, or attempting to pass, , fictitious, or altered checks with intent to defraud somebody out of money or property. Penal Code 476a, primarily deals with real checks you pass, or attempt to pass, with insufficient funds.
Under N.J.S.A. 2C:21-5, a person who is caught issuing or passing a check or similar sight order for the payment of money while knowing that it will not be honored by the drawee/bank, then he/she can be convicted of issuing or passing a bad check in NJ.
Writing a bad check is a crime if the check writer knew that there were insufficient funds to cover the check and intended to defraud you. It is also a crime to forge a check or write a check.
Post Dated Checks in New Jersey The bad checks statute applies to post dated checks. Post dated checks, in themselves, are completely legal. It sometimes happens that an account upon which a post dated check is drawn will lack sufficient funds to cover the check when the indicated date arrives.
Issuing a bad check in the amount of less than $200 is a disorderly persons offense, the term used in the New Jersey Criminal Code to describe a misdemeanor. Whenever a bad check is written for $200 or more, it results in an indictable felony offense that can only be dealt with at the Superior Court.
Statute of limitations for recovering a dishonored check Under New Jersey law, a creditor who has received a dishonored check has three years from the date of dishonor or 10 years from the date the check was written, whichever is earlier, to initiate a civil proceeding against the person who wrote the check.
Issuing a bad check in the amount of less than $200 is a disorderly persons offense, the term used in the New Jersey Criminal Code to describe a misdemeanor. Whenever a bad check is written for $200 or more, it results in an indictable felony offense that can only be dealt with at the Superior Court.