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PC 476 check fraud primarily deals with making, passing, or attempting to pass, , fictitious, or altered checks with intent to defraud somebody out of money or property. Penal Code 476a, primarily deals with real checks you pass, or attempt to pass, with insufficient funds.
Pursuant to K.S.A. 21-5821, the crime of Giving a Worthless Check is committed when a check on any financial institution is presented for payment with intent to defraud and with knowledge that there are insufficient funds to cover the full amount of the check.
A person who gives a worthless check is liable to the payee for the amount of the check, the civil case court costs, the costs of restricted mail, the service charge, the costs of collecting the debt -- including reasonable attorney fees -- and damages in the amount of three times the amount of the check.
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 a check the bank will not honor. There are three kinds of bad checks. Non-Sufficient Funds (NSF) checks: A check is NSF if there is not enough money in the account to pay it or the account is closed. Stop Payment checks: The person who wrote the check told the bank to stop payment.