What is meant by present consideration?

The check must have been tendered for either wages or present consideration. The offense of deposit account fraud is analogous to a theft of the item or services received through the fraudulent presentation of worthless paper when immediate payment is expected. Anything that temporarily separates the exchange will negate the concept of present consideration.


Present consideration includes:

  • Goods or services tendered for check
  • Rent that is presently or past due
  • Child support, pursuant to court order or written agreement
  • State taxes, whether or not past due
  • Simultaneous agreement for the extension of additional credit where additional credit is being denied


Present consideration does not include:

  • Post-dated check
  • Payment on an installment account or on an open account for goods/services previously received
  • Request by the defendant to the victim to hold the check

Show All Answers

1. I have received a bad check. What can I do?
2. Can I pursue criminal prosecution of a bad check?
3. What are the elements of the offense of deposit account fraud?
4. Where should the offense of deposit account fraud be prosecuted?
5. What reasons for dishonor of the check will support a criminal prosecution?
6. What is meant by present consideration?
7. What steps should be taken to ensure a bad check can be collected?
8. What information should I bring to court to start prosecution?
9. Are there forms that I must fill out?
10. What is a bad check citation and in what situation is it issued?
11. What is a bad check arrest warrant and in what situation is it issued?
12. Where are deposit account fraud cases tried?