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To criminally prosecute a bad check, South Carolina law states a check must be deposited within 10 days of receipt, the check cannot be postdated, that there was no agreement to hold the check, and a warrant must be obtained within 180 days from the date the check was received.
The Worthless Check Program collects the amount of the bad checks plus fees, and distributes restitution to the victims. This program transfers the collection process from the victim to the Solicitor's Office, eliminating the victim's work and cost associated with collection.
What is the Worthless Check Program? The Solicitor's Worthless Check Unit collects monies on bad checks and distributes restitution to the victims. The Program transfers the collection process from the victim to the Solicitor's Office, eliminating the victim's work and cost associated with collections.
If you only want to sue for the amount of the check plus bank fees, you can file a small claims case right away. If you want to sue for the amount of the check plus damages, you must first send a demand letter to the person who gave you the bad check.
But whether you'll face criminal penalties can depend on the laws in your state and if you cashed a bad check intentionally. If you are the victim of a scam and deposited a bad check in good faith, you're unlikely to face criminal charges. But if you knowingly deposited a check, you might face fines and jail time.
To criminally prosecute a bad check, South Carolina law states a check must be deposited within 10 days of receipt, the check cannot be postdated, that there was no agreement to hold the check, and a warrant must be obtained within 180 days from the date the check was received.