Today, managing finances has become extremely easy. Want to pay for groceries? Use your debit card. Want to buy a new phone? Swipe your credit card. Bills? They can be paid online in a matter of a few seconds.
But managing multiple accounts and credit and debit cards come at a price. It becomes difficult to keep track of every account and the associated transactions. You may find yourself in hot water when hastily written checks bounce left and right.
However, writing one or two bad checks in your lifetime usually causes no harm, and you might even walk away without any repercussions. But if your bad checks accumulate into a huge amount, or if the situation is deemed as ‘willful’ by the court of law, it can lead to serious legal consequences that may even land you in jail.
Let’s find out how much jail time you can get for writing bad checks and what you can do to avoid it.
Understanding Bad Checks
Bad checks are checks that a bank cannot process. This is due to either the account it was drawn on being nonexistent or simply not having enough funds.
Writing bad checks can be a costly mistake. Banks don’t honor bad checks and charge the check writer a fee when they receive a check that cannot be processed. This can leave the recipient of the bad check without the payment they were expecting, ultimately costing the person who wrote it more than it was originally worth.
While the penalties vary from state to state, writing a check while knowing there are insufficient funds to cover it is considered a crime in the US.
Passing bad checks is a serious offense with real consequences if you’re found guilty. To be convicted of passing bad checks, there must be evidence that you had knowledge or intent to defraud someone.
At least one of the following must apply to your case:
- You wrote a check knowing you didn’t have enough funds to cover it.
- The check refers to an account that doesn’t exist.
- You wrote the check using an account that was opened with false information.
- You were informed about the check bouncing within 30 days of the agreed-upon deposit date or 30 days after it was issued.
Penalties for Writing a Bad Check
Penalties in the US for writing a bad check can vary depending on the state, but most states’ laws provide some kind of civil or criminal liability.
- California law states that writing a bad check is punishable by up to three years, a fine of $10,000, and restitution for the full check amount.
- Florida law states that if the check issued is less than $150.00, the offense is classified as a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. If the check is for $150.00 or above, then it’s considered a third-degree felony, and you may face up to 5 years in prison.
- Georgia law states that if the bad check is for less than $500, you could face a $500 fine or a prison sentence of one year. For checks written for a greater amount, the penalty can be a fine of $5,000 and/or a prison term of up to three years.
- Connecticut law states that the penalty for writing a bad check depends on the check’s amount. If it is under $250, you could face up to three months in jail and a fine of $500. For checks between $500 and $1,000, the penalty increases to up to one year in jail and a fine of $2,000. For bad checks over $1,000, the penalty is more serious, with up to five years in prison and a fine of $5,000.
Check out bad check laws according to states to know exactly what the penalties are for writing a bad check in your state.
How to Avoid Writing a Bad Check
The best way to avoid facing these penalties is to refrain from writing checks in the first place. If you do need to use checks, be sure to:
- Always make sure there are sufficient funds in your account before writing a check.
- Monitor your accounts regularly to keep track of your finances.
- Use a check register to log all checks that you write.
- Always double-check the recipient’s information before writing a check.
Things can also go wrong if you have received a bad check. You will probably not be charged with the same penalties, but the checks can be fraudulent, putting you in a bad situation. To stay safe, you should always identify a senders’ criminal records check by using a lookup tool like Information.com. This will help you avoid receiving bad checks and protect you from fraud and inconvenience.
A bad check is a check that cannot be processed due to there being insufficient funds in the writer’s account or the receipt’s account being nonexistent.
Here’s a recap of the article above:
- Depending on the state, writing a bad check can result in criminal or civil liability and serious legal consequences, such as jail time.
- Penalties range from fines to prison sentences, and the amount of jail time depends on the check amount.
- The best way to avoid these penalties is to avoid writing checks altogether.
- If you must use checks, monitor your accounts regularly, and use a check register to log all checks you write and double-check the recipient’s information. This can help prevent costly mistakes and potential legal consequences.
Be Aware of Fines and Potential Jail Time for Bad Checks
While mistakes can happen, it’s important to stay on top of your finances so that you don’t end up writing a bad check. If you write multiple bad checks, or if you do so intentionally, you can find yourself facing thousands of dollars in fines or years in jail.
Staying aware, including with tools like Information.com, can help you stay safe from bad checks being used against you – or facing penalties for writing them yourself.