Bad Check Laws In Delaware

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Below are the civil and criminal penalties for writing a bad check in Delaware under Statute TITLE 6 Commerce and Trade, SUBTITLE II Other Laws Relating to Commerce and Trade, CHAPTER 13A. DISHONOR OF CHECKS, DRAFTS OR ORDERS, § 1301A. Actions relating to dishonor of checks, drafts, or orders; damages.

Civil Penalties: After 30 day of a written demand for payment of the amount of the check, plus a fee of $40 remains unpaid, then the writer of the check can be liable to the plaintiff for the amount of the check, plus court costs, plus damages in the amount of $50 for the first instance of a dishonored check to the plaintiff by the bad check writer within 1 year; for a second or subsequent dishonored check to the plaintiff within 1 year of the issuance of a previous dishonored check, the defendant will be liable for up to triple the amount of the check not to exceed $250, plus court costs.

Criminal Penalties: Misdemeanor - up to 2 years in jail, $1,000 fine, or both. Person who issued check must make restitution to person to whom check was issued.

Felony - up to seven years and such fine as court may order.



For more information on bad check laws and for criminal and civil penalties in other states for writing bad checks, please read Bad Check Laws

Check with your state statutes for the most current information on Delaware bad check laws. More information can also be found at ( http://attorneygeneral.delaware.gov/crime/checkenforcement/guidelinesforareturnedcheck.pdf ).

You may want to also read Getting A Checking Account While On The Chex System

Learn how to Prevent Overdraft And Bounced Check Fees

Although all information has been written in good faith and has been reviewed, please email us at [email protected] to report any inaccuracies.