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If you are given a bad check, you can sue for the amount of the check plus bank fees. You can also add damages to your claim.
Check fraud is a serious offense and comes with very real legal consequences which vary by state. Depending on the severity of the crime, the amount that was defrauded, and the number of instances of fraud the perpetrator completed, check fraud can be either a misdemeanor or a felony.
Passing a bad check is tendering a check for goods or service, from a bank account that has insufficient funds to pay the full amount of the check.
A bad check crime refers to the act of issuing a check knowing that there are insufficient funds in the account to cover the amount of the check. This is also known as check fraud or bouncing a check.
Additional penalties for bouncing checks may include negative credit score marks, refusal of merchants to accept your checks, and potentially legal trouble.
Dishonored checks are items deposited at a depository bank, but are returned to the State due to non-sufficient funds or other reasons preventing the bank from cashing the items. Depository banks attempt to deposit checks twice before being considered dishonored.
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. This allows them to redeposit the check at a later time, if available.
The bank will "bounce" the check if you write a bad one because there are insufficient funds in your account to cover it. It will decline to pay the amount. But some individuals write and try to pass checks even though they know there's not enough money in their accounts to cover them.