This criminal prohibition does not apply to a postdated check or to a check given for past consideration, except a payroll check.
Past consideration is something that was already received in the past. Instead, 30 days later I ask for payment. If you provide me a worthless check, this crime has not occurred.
Issue of a worthless check focuses on immediate transactions. Contact us at to begin planning your defense. Issue of worthless check defense. We ask that you please allow at least ninety 90 days before calling concerning the status of your case.
We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Fill out the form below. This crime is often committed by individuals in a tough financial position. A defendant could even face additional charges of identity theft if they are convicted of check fraud and stolen documents. Other Databases. Most states allow a to day grace period to "cover" a worthless check. If they refuse to accept the letter, we can use just the check to prosecute, but we will also need you to bring in the returned mail to show that it went unaccepted.
If at any time after filing your complaint you accept direct payment from the accused, you will be held responsible for the DA fee that otherwise would have been collected. Once all paperwork has been submitted, the legal proceedings start.
If restitution has not been made, a warrant is issued. If the warrant is issued, call our offices and ask for the warrant number. You will then call your local Sheriff and ask for dispatch. Tell them you are the victim in a check matter and you would like the person to be arrested. Give the dispatch officer the warrant number. If you have a change of contact information during this process, please contact us with that change. Affidavit — St. Tammany Please note that this Affidavit will need to be notarized.
The D. Please make an appointment by calling Affidavit — Washington The D.
Notice of Returned Check. You can put multiple checks on the affidavit; however, all checks must have been received from a single check writer. For a check to qualify it must have been passed within the 22nd Judicial District.
There are several reasons that the worthless check division might not be able to enforce restitution: maybe the victim failed to collect sufficient identification at the time of transaction, so there is not enough information to move forward; or partial payment has already been accepted; maybe the check was post-dated, perhaps the check writer has died; or the check was not received in the 22nd JDC. For whichever reason we may not be able to prosecute, but you as a victim can contact your local Justice of the Peace to pursue the matter through small claims court, a collection agency, or with the help of a private attorney.
Any restitution our office receives on a worthless check will be mailed to you within ten 10 business days. Certain checks are not eligible for prosecution with the Worthless Check Division. While there are differences among the states as to how bad checks are viewed whether a misdemeanor or a felony and the remedies available to holders of the bad check against the drawer, there are several general factors that run through the majority of state laws:. In all states the maker of a check, who tenders a check knowing there is insufficient funds or credit behind the check, may be guilty of a crime and may be subject to civil penalties.
In the majority of states the crime is treated as a misdemeanor. In states that make a distinction regarding a felony or misdemeanor, the amount of the check usually determines if the crime is a misdemeanor or a felony. In several states the law provides for fines and or imprisonment, but does not specify if the crime is misdemeanor or felony. In some states there is a criminal offense only when the bad check is given in exchange for property or for a present consideration.
In other states it is a criminal offense to issue a bad check with intent to defraud or with knowledge of insufficient funds. The intent to defraud and knowledge of insufficient funds is required to be present by most states' bad check laws.
The intent to defraud is sufficient. It is not necessary for the payee to have actually been defrauded. In most states statutory provisions provide that it is prima facie evidence of insufficient funds or of intent to defraud if: a the check was not paid by the drawee bank on presentation for payment and b the drawer did not pay the check within a specified number of days after written notice to the drawer of dishonor of the check.
The prescribed numbers of days for the various states are:. In many states the criminal provisions regarding bad checks do not apply to post-dated checks.
Because post-dated checks are a promise to pay in the future, they are not technically viewed as checks. It has generally been held that post-dated checks are not within the scope of most states' bad check laws.
It is generally held that the giving of a bad check in payment of a preexisting debt does not fall within the purview of most states' bad check laws. Since the debt is preexisting the maker of the check did not deprive the payee of any right; procure anything of value from the payee or wrongfully appropriate anything belonging to the payee. On paper, the legal consequences for the maker of a bad check are usually quite severe, however, as a practical matter the holder of a bad check may find it difficult to put into effect available remedies.
In most localities it is necessary to file a complaint with the appropriate criminal justice officer such as a sheriff or district attorney to initiate criminal legal action.