If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense. A Holder in Due Course is anyone who accepts a check for payment.On the face of the check there cannot be any evidence of fraud. In summary, the FTC requires that the holder in due course honors all original warranties. A holder is a person in possession of an instrument payable to bearer or to the identified person possessing it. But a holder's rights are ordinary.