Not all checks drawn on insufficient funds will fall under the bed check laws in New York.In New York non-sufficient checks may not be considered a bad check if the check was used to pay an antecedent debt.As a public service, the staff of the Federal Trade Commission (FTC) has prepared the following complete text of the Fair Debt Collection Practices Act §§ 1692-1692p. (7) The term "location information" means a consumer's place of abode and his telephone number at such place, or his place of employment.Please note that the format of the text differs in minor ways from the U. (8) The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand.Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.
For example, this version uses FDCPA section numbers in the headings. Although the staff has made every effort to transcribe the statutory material accurately, this compendium is intended as a convenience for the public and not a substitute for the text in the U. For the purpose of section 1692f(6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests.
Congressional findings and declaration of purpose§803. (5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
(4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
In this case, if a debtor rides a bad check to a creditor for payment on invoice that bad check law may not cover this type of action.
However, if a debtor rides a bad check for cash on delivery order, then the returned payment will fall under the bad check laws of New York.