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Obviously, there are situations in which it would be impossible or impracticable to tender the check on exactly the day it is due and will be covered, since I was in Bishkek on that day.But what are the legal rights of a person who tenders a post-dated check?If the case is one that involves checks, but cannot be prosecuted as issuance of a bad check or a theft by check, or which requires large amounts of peace officer investigation, the complainant will be referred to the police agency with jurisdiction of the case.Check forgeries, embezzlements and other fraud cases are investigated by the police agency with jurisdiction over the crime. If, after perusing this site, you have further questions, or if you have comments, please call us at 806-775-1111 or e-mail us at: Hot Check Task Force Is It a theft or a bad check?After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.Case in point: Before going on an overseas trip, I paid my rent with a post-dated check, because I wasn't sure if there would be funds in my account to cover it before the first of the month.General Information The District Attorney's Office is responsible for investigating and prosecuting the offense of Theft over 00.The County Attorney is responsible for checks of less than 00.
The Harris County Justices of the Peace have promulgated Local Rules.The law presumes that the person knew that the check was bad if (i) the person had no account with the bank at the time of issuing the check, or (ii) the person failed to pay the check within ten (10) days after receiving notice that the check was returned for "insufficient funds." Notice that payment was refused by the bank for insufficient funds may be actual notice, or notice in writing, sent by registered or certified mail with return receipt requested, or by telegram with report of delivery requested, addressed to the person who issued the check at (a) the address shown on the check, (b) the address shown on the records of the bank, or (c) the address shown on the records of the person to whom the check was given.The notice must contain the following statement: "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds.The District Attorney's Office will take reports of criminal conduct directly from the victim of the crime and conduct an investigation that ordinarily involves obtaining documents and analyzing them, and, as necessary, interviewing witnesses. Under penal code section 31.03 Theft, a person commits an offense if he unlawfully appropriates property or secures performance of a service from the owner by deception.The key under the law is that the owner must give the merchandise at the time the check writer renders the check.