What is the name of your state (only U.S. law)? Texas. My husband purchased some parts from a gentleman and post dated some checks to him. The last two checks totally 1000.00 bounced. the man took my husband to small claims and won the judgement against my husband for the $1000.00 and attorney's fees. . Now the man is calling threatening to take the checks to the DA and file with him. Can he do that since he already took it all to court and got a judgement. Or can he still use those checks against my husband ?What is the name of your state (only U.S. law)?
Writing bad checks can be double trouble.
First, you can be sued civilly to recover the amount of the checks (which has already happened to your husband).
Second, you could have criminal charges brought against you for writing a check that you knew you wouldn't have sufficient funds in your account to cover.
If your husband KNEW there were insufficient funds to cover those checks and wrote them anyway, then yes, the DA can prosecute if they deem it appropriate.
The lesson to be learned here is to NEVER write checks for which you know the money is not immediately available to cover. Post-dating a check does NOT make it non-negotiable until the check date. Most banks will negotiate a check when presented, regardless of the issue date, and it's perfectly legal for them to do so.
