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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.
The sooner we start processing a hot check, the better the chance of collection. The statute of limitations for filing a misdemeanor case on a hot check is two years. When turning over a check that is nearly two years old, please bear in mind the processing time to file the case.
A bad check is also known as a hot check and writing one is illegal. Banks normally charge a fee to anyone who unintentionally writes a bad check. The punishment for trying to pass a bad check intentionally ranges from a misdemeanor to a felony.
A bad check is one that can't be negotiated because it's drawn on a nonexistent account or on an account that holds insufficient funds to cover its amount.
Writing a bad check is a crime if the check writer knew that there were insufficient funds to cover the check and intended to defraud you. It is also a crime to forge a check or write a check.
The offense of "issuance of bad check" is a Class C misdemeanor. It is a crime for a person to issue or pass a check knowing that the person did not have sufficient funds on deposit with the bank to cover the check and any other check that was outstanding at the time the check was issued.
Important Information for Merchants: Statute of limitations on checks is 2 years.
Penal Code Section 31.06 (Presumption for Theft by Check) requires that you give written notice to a person who has given you a worthless check. This notice must be sent to the person by certified or registered mail with return receipt requested.