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Knowingly writing a bad check is an act of fraud and it's punishable by law. Criminal penalties for people who tender checks knowing that there are insufficient funds in their accounts can vary by state. Some states require an intent to commit fraud.
Writing a bad check in Colorado in the amount of $100 to $500 or two or more bad checks totaling $100 to $500 within a 60-day period is a Class 2 misdemeanor, the penalty of which is a jail term of 3 months to 1 year or a fine of $250 to $1,000 or both.
Key takeaways A bounced check penalty from a bank can cost around $35 in the form of a nonsufficient funds fee. Merchants can also charge a bounced check fee; they typically cost $20 to $40.
Writing a check against an account with insufficient funds will always result in a bounced check and incur a fee. In fact, people who knowingly write a check against an account with insufficient funds may be committing a crime.
Generally, if your bank credited your account, it can later reverse the funds if the check is found to be fraudulent. You should check your deposit account agreement for information on the bank's policies regarding fraudulent checks. Fraudulent checks may be part of an overpayment/money order scam.
Under California Penal Code Section 476a, the crime of writing a bad check while aware of insufficient funds with intent to defraud is punishable as a misdemeanor if the total amount of the checks written does not exceed $950.
A bounced check occurs when the writer of the check has insufficient funds available to fulfill the payment amount on the check to the payee. When a check bounces, it is not honored by the depositor's bank and may result in overdraft fees and banking restrictions.
When you write a check and there's not enough funds in your account when it's presented, this is considered non-sufficient funds (NSF). When a check is returned due to NSF, it's returned to the payee that deposited the check, at their bank.