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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27686
Experience:  25 years practicing law
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my company was given two post dated checks and told not to

Customer Question

my company was given two post dated checks and told not to cash them until the dates on the face of the checks due to lack of funds. When the dates (May 30 and June 30) came about, our representative flew to the Phililippines to cash the checks and were told that there was still insufficient funds. Is that a criminal offense? What are the civil ramifications? Here, there is a provision for treble damages to knowingly write a check with insufficient funds, is there a similar provision in the Philippines? If so, would it apply?
What are my options if I run these checks through my back now and they come back NSF?
Thank you
Andrew
Submitted: 5 years ago.
Category: Business Law
Expert:  Dave Kennett replied 5 years ago.

-Could you explain your situation a little more?
Where were the checks actually written?

Were the checks presented to your company in the US?

Customer: replied 5 years ago.
The checks wre actually written and presented to our partner in the Philippines in March. They were dated May 30th and June 30th, 2009 and he was told to hold off on cashing them because there was not enough money in the bank because some of the workers had not yet paid their fees. When he returned in June he was again told that there were fees owed and to hold off on cashing the checks. We are still holding the checks for our end of the contract and it is not contingent on that companies collection of those fees, that is a collateral matter between them and the workers.
Expert:  Dave Kennett replied 5 years ago.

I will have to opt out of the question since I have no knowledge of Philippine law. If the checks had been written in the US there would be no criminal act for NSF since a post dated check is treated no different than a promissory note and can be used only in a civil suit unless an intent to commit fraud is shown.

 

Dave

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