that [the check-writer doesn’t have] sufficient funds on deposit . My mechanic dutifully waits until Monday to cash the check, but it still bounces.
I tell him that I need to date the check with next Monday’s date, because my paycheck will be directly deposited into my bank account late on Friday, which will give me sufficient funds to cover the check.
When a prosecution is initiated under this section before any committing trial court judge, the party applying for the warrant shall be held liable for costs accruing in the event the case is dismissed for want of prosecution.
However, if it is determined at the trial in a prosecution hereunder that the payee of any such check, draft, or written order, at the time of accepting such check, draft, or written order, had knowledge of or reason to believe that the drawer of such check, draft, or other written order did not have sufficient funds on deposit in or credit with such drawee, then the payee instituting such criminal prosecution shall be assessed all costs of court incurred in connection with such prosecution.
There's a common misconception that banks will not or cannot cash checks until the date written on the check. A bank can cash a check as long as it has no reason to believe it won't clear or unless it believes that the check is fraudulent.
Many checks have notices on them such as "void 90 days after check date." The "void by" date may or not be enforceable.
Problems crop up when the person holding the check jumps the gun and takes it to his bank anyway.
Banks aren't obligated to wait until the date on the check to cash it.