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.

The source of this information may be internal or external to the Putnam County Clerk of Courts. The Putnam County Clerk of Courts makes all reasonable efforts to verify this information. However, the information provided in this document is for your information only. The Clerk of Courts makes no explicit or implied claims to the validity of this information.

All information stated in this document was provided by the author. Please consult the author with any inquires pertaining to this document.

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