Is postdating a check illegal in colorado
Therefore, if a debtor gives a debtor an NSF check to pay a note payment or to pay an invoice that is on account, the act generally does not fall within the bad check law.However, if the debtor provides a creditor with a NSF check for a COD order, then that act does fall within the bad check laws.If check issued to city or town, amount due, fee plus protest, bank, and legal fees; if issued to state agency, amount due, fee plus protest and bank fees. Face amount of the check, attorney fees, court costs, costs of mailing a demand for payment, and damages in an amount equal to 0.00 or triple the amount of the check, whichever is greater, but not to exceed 0.00. When maker fails to tender amount due after written demand made by payee, payee may recover damages in an amount equal to 0 or treble amount of the amount for which the check, draft or order is drawn, whichever is greater, provided the amount is not greater than 0 over the due amount. Upon written demand from payee following conviction for passing a bad check and failure to make restitution, the payee upon obtaining civil judgment is entitled to an amount equal to 0 or treble the amount for which the check is drawn, whichever is greater, not to exceed by more than 0 the value of the check. In addition to other fines, issuer shall pay all reasonable court costs, not to exceed and if payment not made within 30 days, issuer shall pay amount of check and damages, of the lesser of 0 or treble the amount of the check. Lesser of amount of check or interest at 12%, and cost of collection not to exceed .
In most cases, NSF checks are not considered under the bad check law if they are used to pay an antecedent debt.
Issuing check under , maximum fine of 00, imprisonment up to 90 days, or both. Up to six months in jail or up to 0 or both if under ; up to five years in state prison or up to one year in county jail or up to 0 fine or both if between and 0; up to five years in state prison if over 0 or if no account. Checks of 0 or less for 1st conviction fine of not less than nor more than 0 or imprisonment up to 30 days or both; 2nd offense fine of not less than 0 nor more than 00 or imprisonment up to 90 days or both; 3rd and subsequent offenses fine of not less than 0 nor more than 00 or imprisonment up to one year or both.
When more than one check is involved and such checks were drawn within 90 days of each other and each is an amount less than 0, the amount of such separate checks may be added together to arrive at and be punishable under the 0 or more amount to which this category refers.
Issuing or passing a check of any amount - class II misdemeanor. If check drawn on account closed by drawer prior to time check drawn, fine not to exceed 0 or imprisonment for not more than 5 months or both. Up to ,000 fine or up to 10 years in jail, or both.
In magistrate's court - first conviction, not less than , nor more than 0 or imprisonment of 30 days; second or subsequent conviction, fine of 0 or imprisonment for 30 days.