Below are the civil and criminal penalties for writing a bad check in Maryland and is covered under TITLE 8 - FRAUD AND RELATED CRIMES, Subtitle 1 - Bad Checks, Sections
8-801 to 8-108.
Payments under a contract, such as checks for rent, utilities, or car payments are not bad check violations. Debtors must be pursued through civil litigation in these instances.
If the check was refused due to insufficient funds, a waiting period of ten days from the date of the refusal must be met before charges may be brought against the check writer. This gives the individual time to make good on their check.
If the check was refused because the account does not exist, is closed, or has a hold on it, charges can then be filed immediately.
Civil Penalties: Amount due, a collection fee of up to $35, and a amount up to two times the amount of the check, but not more than $1,000. Holder may claim damages 30 days after mailing notice of dishonor to last known
address of maker or drawer.
Criminal Penalties: A dishonored check written for less then $100 is a misdemeanor punishable by up to 90 day in jail and/or a fine not exceeding $500. If the check is for $100 but less then $500, then
it is a misdemeanor offense and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $100 or both. Check amounts of $500 or more is a felony and on conviction is subject
to imprisonment not exceeding 15 years or a fine not exceeding $1,000 or both.
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 Maryland bad check laws. Further information can be found at the District Court Of Maryland Website at ( http://www.courts.state.md.us/district/forms/general/badcheck.html#when ).
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.