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Nassau County Issuing a Bad Check Lawyer
S 190.00 Issuing a bad check; definitions of terms.
The following definitions are applicable to this article:
1. "Check" means any check, draft or similar sight order for the
payment of money which is not post-dated with respect to the time of
utterance.
2. "Drawer" of a check means a person whose name appears thereon as
the primary obligor, whether the actual signature be that of himself or
of a person purportedly authorized to draw the check in his behalf.
3. "Representative drawer" means a person who signs a check as drawer
in a representative capacity or as agent of the person whose name
appears thereon as the principal drawer or obligor.
4. "Utter." A person "utters" a check when, as a drawer or
representative drawer thereof, he delivers it or causes it to be
delivered to a person who thereby acquires a right against the drawer
with respect to such check. One who draws a check with intent that it be
so delivered is deemed to have uttered it if the delivery occurs.
5. "Pass." A person "passes" a check when, being a payee, holder or
bearer of a check which previously has been or purports to have been
drawn and uttered by another, he delivers it, for a purpose other than
collection, to a third person who thereby acquires a right with respect
thereto.
6. "Funds" means money or credit.
7. "Insufficient funds." A drawer has "insufficient funds" with a
drawee to cover a check when he has no funds or account whatever, or
funds in an amount less than that of the check; and a check dishonored
for "no account" shall also be deemed to have been dishonored for
"insufficient funds."
S 190.05 Issuing a bad check.
A person is guilty of issuing a bad check when:
1. (a) As a drawer or representative drawer, he utters a check knowing
that he or his principal, as the case may be, does not then have
sufficient funds with the drawee to cover it, and (b) he intends or
believes at the time of utterance that payment will be refused by the
drawee upon presentation, and (c) payment is refused by the drawee upon
presentation; or
2. (a) He passes a check knowing that the drawer thereof does not then
have sufficient funds with the drawee to cover it, and (b) he intends or
believes at the time the check is passed that payment will be refused by
the drawee upon presentation, and (c) payment is refused by the drawee
upon presentation.
Issuing a bad check is a class B misdemeanor.
S 190.10 Issuing a bad check; presumptions.
1. When the drawer of a check has insufficient funds with the drawee
to cover it at the time of utterance, the subscribing drawer or
representative drawer, as the case may be, is presumed to know of such
insufficiency.
2. A subscribing drawer or representative drawer, as the case may be,
of an ultimately dishonored check is presumed to have intended or
believed that the check would be dishonored upon presentation when:
(a) The drawer had no account with the drawee at the time of
utterance; or
(b) (i) The drawer had insufficient funds with the drawee at the time
of utterance, and (ii) the check was presented to the drawee for payment
not more than thirty days after the date of utterance, and (iii) the
drawer had insufficient funds with the drawee at the time of
presentation.
3. Dishonor of a check by the drawee and insufficiency of the drawer`s
funds at the time of presentation may properly be proved by introduction
in evidence of a notice of protest of the check, or of a certificate
under oath of an authorized representative of the drawee declaring the
dishonor and insufficiency, and such proof shall constitute presumptive
evidence of such dishonor and insufficiency.
S 190.15 Issuing a bad check; defenses.
In any prosecution for issuing a bad check, it is an affirmative
defense that:
1. The defendant or a person acting in his behalf made full
satisfaction of the amount of the check within ten days after dishonor
by the drawee; or
2. The defendant, in acting as a representative drawer, did so as an
employee who, without personal benefit, merely executed the orders of
his employer or of a superior officer or employee generally authorized
to direct his activities.
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Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.
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