Under G.S. 14-107, it’s a Class 2 misdemeanor to write a check, “knowing at the time . . . that [the check-writer doesn’t have] sufficient funds on deposit . . . with which to pay the check . . . upon presentation.” The crime may be more serious if the check-writer is a recidivist or the amount of the check is very large. Sometimes the question arises whether post-dated checks are covered by the statute. For example, suppose that I write a check today to my mechanic for $500. 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. My mechanic dutifully waits until Monday to cash the check, but it still bounces. I stonewall him, so he calls the police. Can I be charged with writing a worthless check? According to Jessica Smith, North Carolina Crimes 316 (6th ed. 2007), “[a] postdated check is not covered” by the statute. This statement is based on two cases. State v. Crawford, 198 N.C. 522 (1930). In Crawford, a man wrote a post-dated check to a company to which he owed money. The check bounced. The man was charged with writing a worthless check, but the trial court dismissed the charges and the state supreme court affirmed, stating that “[a] postdated check . . . is not a representation . . . that the drawer [...]
Faculty Coordinators
