Quote:
Originally Posted by maggie1
I don't know if this would work, but it's my understanding that Florida has some pretty stringent laws against defrauding another if the fraud is by a check. Let's say you plan on renting the house in the future, and the rental period is for three months, would it be worthwhile to have the renter write three separate checks one for each month they plan to be there, which you would then hold and only cash when each month is up? If the person wanted to skip out on the contract and tried stopping payment of the check, then I would think this to be an act of fraud and subject to the filing of criminal charges. This might be something to run past an attorney or the county/city law director. It's just something to think about.
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That is not the way it works. Normally, writing a bad check is a crime that can be prosecuted. But, if you write a check, and the payee agrees to hold the check until a future time, that is a totally different situation. It is a loan, not a bad check. So, if the check bounces, it is not a crime. It is default on a loan. It becomes a civil matter. And, it doesn't matter what date is put on the check. So, you need to be careful not to accuse someone of a bad check crime, if you agreed to hold the check.