4105 offenseIf a check was post-dated to a contractor with intent of payment on an outstanding debt and the money to make that check good i...

Question

4105 offense

If a check was post-dated to a contractor with intent of payment on an outstanding debt and the money to make that check good is not received by the client, does that offense fall under a 4105. the check was post-dated and written with the intent that the payment would be made good when payment was received by my client. client did not release money and now I am being charged personally with a 4105 when the debt was that of a corporation. the corporation is now bankrupt. Can that be charged against me personally and what is the Pennsylvania state punishment if convicted of this crime

Answer

Re: 4105 offense

If the check was post dated, the presumption that you knew the check was bad does not apply. The criminal charges should be dismissed by the Magisterial District Justice but that doesn't always happen. The question of the debt being that of a corporation may also be a good defense depending on your role in the corporation.