Postdating a check in massachusetts
In some states there is a criminal offense only when the bad check is given in exchange for property or for a present consideration.In other states it is a criminal offense to issue a bad check with intent to defraud or with knowledge of insufficient funds.
This article was written by Attorney Mary Beth Guard, Editor of Bankers ( Guard was formerly general counsel for the Oklahom Banking Department, general counsel and EVP for the Oklahoma Bankers Association, and EVP of Specialized Services for Thomson Financial Publishing.
While there are differences among the states as to how bad checks are viewed (whether a misdemeanor or a felony) and the remedies available to holders of the bad check against the drawer, there are several general factors that run through the majority of state laws: In all states the maker of a check, who tenders a check knowing there is insufficient funds or credit behind the check may be guilty of a crime and may be subject to civil penalties.
In the majority of states the crime is treated as a misdemeanor.
In states that make a distinction regarding a felony or misdemeanor, the amount of the check usually determines if the crime is a misdemeanor or a felony.
In several states the law provides for fines and or imprisonment, but does not specify if the crime is misdemeanor or felony.