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Statute of limitations for recovering a dishonored check Under New Jersey law, a creditor who has received a dishonored check has three years from the date of dishonor or 10 years from the date the check was written, whichever is earlier, to initiate a civil proceeding against the person who wrote the check.

Theft By Deception. If a person puts a "stop payment" on a check it is not covered under the "bad check " statue of NJS 2C: 21-5. The statue of "theft by deception", 2C: 20-4, may be applicable but the proof beyond a reasonable doubt would have to be shown that that person was creating a deception or deceiving someone.

Issuing a bad check in the amount of less than $200 is a disorderly persons offense, the term used in the New Jersey Criminal Code to describe a misdemeanor. Whenever a bad check is written for $200 or more, it results in an indictable felony offense that can only be dealt with at the Superior Court.

However, a person cannot issue a demand letter for more than $500 more than the check amount. How much money does a bad check have to be in order to be a felony in NJ? A bad check valued at $200 or more is an indictable offense (felony) in NJ.

(N.J.S.A. 2C:21-5) A person who issues [or passes] a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense.

Post Dated Checks in New Jersey Post dated checks, in themselves, are completely legal. It sometimes happens that an account upon which a post dated check is drawn will lack sufficient funds to cover the check when the indicated date arrives.