Magistrate Court

Putnam County


 
Magistrate Court Bad Checks
 
 
What is meant by present consideration?

 

The check must have been tendered for either wages or present consideration. The offense of Deposit Account Fraud is analogous to a theft of the item or services received through the fraudulent presentation of worthless paper when immediate payment is expected. Anything that temporally separates the exchange will negate the concept of present consideration.

Present consideration includes:
A. Goods or services tendered for check.
B. Rent which is past due or presently due.
C. Child support, pursuant to court order or written agreement.
D. State taxes, whether or not past due.
E. Simultaneous agreement for the extension of additional credit where additional credit is being denied.
F. A written waiver of mechanic's or material men's lien rights.

Present consideration does not include:
A. Post-dated check.
B. Payment on an installment account or on an open account for goods/services previously received.
C. Request by Defendant to Victim to hold check, expects to deposit soon to cover balance.




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