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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.
Prosecution Procedures When the Worthless Check Program receives a bad check complaint and restitution is not made in ance with the legal requirements, a criminal charge will be filed.
As defined under California Penal Code Section 476a, writing a check while knowing that funds are insufficient can be charged as a misdemeanor offense that can result in sentence of up to one year in county jail.
When there are insufficient funds in an account, and a bank decides to bounce a check, it charges the account holder an NSF fee. If the bank accepts the check, but it makes the account negative, the bank charges an overdraft fee. If the account stays negative, the bank may charge an extended overdraft fee.
If your financial institution doesn't cover the check, it bounces and is returned to the depositor's bank. You'll likely be charged a penalty for the rejected check; this is a nonsufficient funds fee, also known as an NSF or returned item fee. This costs about the same as an overdraft fee ? around $35.
With a misdemeanor, you can face up to a year in jail and a fine of up to $1,000. If charged as a felony, you could face time in prison with much more substantial fines. It is important to note that it is the intent to write a bad check that incriminates you.
Bad Checks: Signs to Look for The check number is either missing or does not change. The check number is low (like 101 up to 400) on personal checks or (like 1001 up to 1500) on busi- ness checks. (90% of bad checks are written on accounts less than one year old.)
Writing a bad check, also known as a hot check, is illegal. Banks normally charge a fee to anyone who writes a bad check unintentionally. The punishment for trying to pass a bad check intentionally ranges from a misdemeanor to a felony.