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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 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.
If the check or checks or other negotiable instrument or instruments are for the payment of seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars, passing bad checks is a felony of the fourth degree.
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.
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.
The statute of limitations is one (1) year for checks under $500. These checks are considered misdemeanors. However, checks over $500 are felonies and do not have a statute of limitations.
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 county treasurer may assess a fee not exceeding an amount equal to five dollars plus any amount passed on from a financial institution on a drawer or indorser for each check, draft, or money order returned or dishonored, or automatic bank transfer declined, due to insufficient funds or for any other reason.