Arizona Notice of Dishonored Check - Criminal - Compaint for bad check or bounced check

Note: This summary is not intended to be an-all inclusive summary of the law of bad checks, but does contain basic and other provisions.

CIVIL PROVISIONS

TITLE 12 - COURTS AND CIVIL PROCEEDINGS
CHAPTER 6 - SPECIAL ACTIONS AND PROCEEDINGS BY INDIVIDUAL PERSONS
(Article 8 - Insufficient Funds Check)
SECTION 671

12-671 - Drawing check or draft on no account or insufficient account with intent to defraud; civil action; definition of credit; prima facie evidence

A. A person who, for himself or for another, with intent to defraud, makes, draws, utters or delivers to another person or persons a check or draft on a bank or depositary for payment of money, knowing at the time of such making, drawing, uttering or delivery, that he or his principal does not have an account or does not have sufficient funds in, or credit with, such bank or depositary to meet the check or draft in full upon presentation, shall be liable to the holder of such check or draft for twice the amount of such check or draft or fifty dollars, whichever is greater, together with costs and reasonable attorney's fees as allowed by the court on the basis of time and effort expended by such attorney on behalf of plaintiff.

B. The word "credit" as used in this section shall be construed to be an express agreement with the bank or depositary for payment of the check or draft.

C. Proof that, at the time of presentment, the maker, issuer or drawer did not have sufficient funds with the bank or depositary, and that he failed within twelve days after receiving notice of nonpayment or dishonor to pay the check or draft is prima facie evidence of intent to defraud.

D. Where a check, draft or order is protested, on the ground of insufficiency of funds or credit, the notice of formal protest thereof shall be admissible as proof of presentation, nonpayment and protest and shall be prima facie evidence of the insufficiency of funds or credit with the bank or depositary, or person, or firm or corporation.

E. "Notice", as used in this section, means notice given to the person entitled thereto, either in person, or in writing. Such notice in writing shall be given by certified mail, return receipt requested, to the person at his address as it appears on such check or draft.

F. Nothing in this section shall be applicable to any criminal case or affect eligibility or terms of probation.

TITLE 44 - TRADE AND COMMERCE
CHAPTER 23 - DISHONORED CHECK FEES
(Article 1 - General Provisions)
SECTION 6852

44-6852. Dishonored checks; service fee

Notwithstanding any other law, the holder, payee or assignee of the holder or payee of a dishonored check, draft, order or note may charge and collect from the maker or drawer a service fee of not more than twenty-five dollars plus any actual charges assessed by the financial institution of the holder, payee or assignee of the holder or payee as a result of the dishonored instrument.

CRIMINAL PROVISIONS

TITLE 13 - CRIMINAL CODE
CHAPTER 18 - THEFT
SECTION 1807

13-1807. Issuing a bad check; violation; classification

A. A person commits issuing a bad check if the person issues or passes a check knowing that the person does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as all other checks outstanding at the time of issuance.

B. Any of the following is a defense to prosecution under this section:

1. The payee or holder knows or has been expressly notified before the drawing of the check or has reason to believe that the drawer did not have on deposit or to the drawer's credit with the drawee sufficient funds to ensure payment on its presentation.

2. The check is postdated and sufficient funds are on deposit with the drawee on such later date for the payment in full of the check.

3. Insufficiency of funds results from an adjustment to the person's account by the credit institution without notice to the person.

C. Issuing a bad check is a class 1 misdemeanor.

13-1808. Presumptions relating to issuing a bad check; proof of presentation; nonpayment; protest; notice

A. For purposes of this chapter, the issuer's knowledge of insufficient funds may be presumed if either:

1. The issuer had no account or a closed account with the bank or other drawee at the time the issuer issued the check.

2. Payment was refused by the bank or other drawee for lack of funds on presentation within thirty days after issue and the issuer failed to pay the holder in full the amount due on the check, together with reasonable costs, within twelve daysafter receiving notice of that refusal.

B. If a person obtained property or secured performance of services by issuing or passing a check when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as all other checks then outstanding, the person's intent to deprive the owner of property or to avoid payment for service under section 13-1802 may be presumed if either:

1. The issuer had no account or a closed account with the bank or other drawee at the time the issuer issued the check.

2. Payment was refused by the bank or other drawee for lack of funds on presentation within thirty days after issue and the issuer failed to pay the holder in full the amount due on the check, together with reasonable costs, within twelve days after receiving notice of that refusal.

C. Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence.

D. Notice may be actual notice or notice in writing, sent by registered mail with return receipt requested and addressed to the issuer at the issuer's address shown on any of the following:

1. The check.

2. The records of the bank or other drawee.

3. The records of the person to whom the check is issued or passed.

E. The form of notice shall be substantially as follows:

... [see, USLF form AZ-402N ] ...

F. If written notice is given in accordance with this section, it is presumed that the notice was received no later than five days after it was sent.