Is a post dated check legal in Ga?

No. Writing a check knowing the funds are not available in your account is illegal. Moreover, depending on the size of your check, you could be guilty of a misdemeanor or FELONY. Here's a nice little scenario for you... You give John Q. Public a check post dated for next month for $314 to cover the tires you just bought. John agrees to hold the check until you get paid on the 1st. You walk out of the building and John deposits the check on his way home. YOU have just committed a felony. The bank WILL cash the check, because the date does not matter on the check. It doesn't matter what you and John agreed to, you broke GA law, not John's law.

ACTUALLY--- GA LAW MORE SPECIFICALLY STATES:

under Georgia's deposit account fraud statute, the defendant is presumed to have written the check with the knowledge it would bounce if:

• the defendant did not have an account with the bank that the check was drawn on at the time the check was written
• within 30 days of receiving the check, the recipient presented the check for cash or deposit but the bank did not honor the check because of insufficient funds, and the defendant failed to make good on the check within 10 days of receiving written notice that the check had bounced, or
• notice mailed by certified or registered mail or statutory overnight delivery is returned to the sender as undeliverable and the notice was mailed to the address on the check within 90 days of being dishonored by the bank.

The fact that a postdated check is not honored because of insufficient funds does not, by itself, establish that the maker of the check committed a crime; the prosecutor must prove that the defendant had the intent to defraud at the time of writing the worthless check. Under Georgia law, proof of any of the above-listed conditions will satisfy the intent element of the crime that is necessary for a conviction.