Bad Checks
Presenting a bad or worthless check is generally classified as a fraudulent practice or a crime against property. A bad or worthless check offense occurs when a person issues or passes a check, draft or order for the payment of money, with intent to defraud, or with knowledge that they do not have sufficient funds or credit at the bank or other depositary for the payment of such instrument.
The issuer is presumed to know that the check or order (other than a post-dated check or order) would not be paid, if payment was refused because the issuer had no such account with the drawee at the time the check or order was issued; or payment was refused by the drawee for lack of funds, upon presentation.
A check or order stamped "NSF" or "insufficient funds" shall raise a presumption that payment was refused by the drawee for lack of funds. A check or order stamped "account closed" or "no such account" or "counterfeit" shall raise a presumption that payment was refused by the drawee because the issuer had no such account with the drawee at the time the check or order was issued.
The issuer generally has an opportunity, varying in days from state to state, to make good the instrument that was passed. Otherwise, in some states the issuer may be guilty of attempted larceny, and if money or property or services are actually obtained, may be guilty of larceny. Penalties vary by state and can range from a summary offense to a felony.
Important Notice
This information is generic. It is compiled from the laws of several states and may or may not apply to this particular city, county, state or your individual circumstances. State laws vary and are continuously changing. This information does not necessarily reflect the laws in Pennsylvania. It is not intended to be a source of legal advice or a substitute for qualified legal counsel. Your access to and use of this web site is subject to additional terms and conditions found in our Terms of Use. Please read it now.
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